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Roosevelt City Zoning Code

R17.01 General

Provisions

R17.01.010 Short Title

This ordinance shall be known as the “Uniform Zoning Ordinance of Roosevelt City Corporation” or the “Zoning Ordinance” and may be cited and pleaded. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 1-1. Formerly 17.04.010, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

R17.01.015 Authority

The City Council adopts this zoning ordinance pursuant to the Municipal Land Use Development and Management Act as provided in §10-9a of Utah State Code (as amended), and other authorities and provisions of Utah and Federal statutory and common law, as applicable.

HISTORY:

Ord. 2024-441, 12/3/2024

R17.01.020 Purpose

This Title is designed and enacted for the purpose of promoting the health, safety, values, convenience, order, prosperity and welfare of the present and future inhabitants of Roosevelt City, including, among other things, the lessening of congestion in the streets or roads, securing safety from fire and other dangers, providing adequate light and air, establishing classification of land uses and distribution of land development and utilization, protecting the tax base, securing economy in governmental expenditures, fostering industries, and protecting urban development. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 1-2. Formerly 17.04.020, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

R17.01.030 Interpretation

In interpreting and applying the provisions of this Title, the requirements contained herein are declared to be the minimum requirements for the purposes set forth. Any use not expressly allowed by this ordinance is prohibited. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 1-3. Formerly 17.04.030, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

R17.01.040 Conflict

This ordinance shall not nullify the more restrictive provisions of covenants, agreements, or other adopted ordinances or laws of the City, but shall prevail notwithstanding such provisions which are less restrictive.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 1-4. Formerly 17.04.040, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

R17.01.050 Permits And Licenses To Conform To This Ordinance

All land use authorities of the City with the authority to issue the approvals, permits, or licenses required by this ordinance shall require that such approvals, permits, or licenses comply with the standards and requirements of this ordinance and shall not issue any approvals, permits, or licenses for uses, buildings, or structures for any purpose in conflict with the standards and requirements of this ordinance. Any approval, permit, or license issued in violation of this ordinance shall be void and invalid. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): amended by planning and zoning department 11-15-95: Ord. 79-101 § 1-7. Formerly 17.04.070), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360

Ord. 2024-441, 12/3/2024

R17.01.060 Omissions Not A Waiver

An omission to specify or enumerate in this ordinance those provisions of general law applicable to all Utah cities shall not be construed to be a waiver of the benefits of any such provisions.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): amended by planning and zoning department 11-15-95: Ord. 79-101 § 1-8. Formerly 17.04.080, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

R17.01.070 Site Plans Required

A detailed site plan, with scale and sheet size determined by the Zoning Administrator, shall be filed as part of any application, including the request for a building permit. See Section R17.13.020 for requirements. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 1-9. Formerly 17.04.090, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

R17.01.080 (Reserved)

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 1-10. Formerly 17.04.100, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

R17.01.090 Enforcement; Penalties; Notice

  1. The City shall appoint a Zoning Administrator or other designee to be the enforcing officer for this Title. The Zoning Administrator shall enforce all provisions, entering actions in court if necessary, and failure to do so shall not legalize any violations of such provisions.
  2. The City Council may, by resolution or ordinance, from time to time entrust administration of this Title, in whole or in part, to another officer or employee of the City, without amendment to this Title.
  3. A violation of any of the provisions of this title, or any of the City’s other land use ordinances shall be punishable as a Class C misdemeanor upon conviction either:
  4. As a Class C misdemeanor; or
  5. By imposing the appropriate civil penalty adopted under the authority of §10-9a of Utah State Code (as amended).
  6. As required by §10-9a-803 of Utah State Code (as amended), prior to imposing upon an owner of record a civil penalty the City shall provide:
  7. Written notice, by mail or hand delivery, of each ordinance violation to the address of the:
  8. Owner of record on file in the Office of the County Recorder; or
  9. Person designated, in writing, by the owner of record as the owner’s agent for the purpose of receiving notice of an ordinance violation;
  10. The owner of record a reasonable opportunity to cure a noticed violation; and
  11. A schedule of the civil penalties that may be imposed upon the expiration of a time certain.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 1-11. Formerly 17.04.110, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

R17.01.100 (Reserved)

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

R17.01.120 (Reserved)

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 83-175 § 2(1-15). Formerly 17.04.150, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

R17.01.130 (Reserved)

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 83-175 § 2(1-15). Formerly 17.04.150, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

R17.01.140 Hearings, Meetings, Publication And Notification

Notice of required public hearings and meetings shall be made pursuant to §10-9a of Utah State Code (1953) as amended. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 83-175 § 2(1-15). Formerly 17.04.150, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

R17.01.150 Licensing

Any license or permit which conflicts with the provisions of this Title may be null and void at the discretion of the individual or office which issued the permit or license or by action of the City Council.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 1-16. Formerly 17.04.160, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

R17.01.160 Fees

Applicants may be charged fees for zoning changes, building, occupancy and conditional use permits, design review, public hearings and such other services as are required by this Title to be performed by public officers or agencies. Such fees shall be established by the City Council and shall be in amounts reasonably needed to defray costs to the public. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part): Ord. 79-101 § 1-17. Formerly 17.04.170, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

R17.01.170 Definitions

  1. The following definitions shall be used in the interpretation and construction of this Title:
  2. Words used in the present tense include the future.
  3. The singular number shall include the plural, and the plural the singular.
  4. The word “building” shall include the word “structure.”
  5. The words “used” or “occupied” shall include “arranged”, “designed”, “constructed”, “altered”, “converted”, “rented”, “leased”, or “intended to be used or occupied”.
  6. The word “shall” is mandatory and not directory, and the word “may” is permissive.
  7. The word “person” includes a “firm”, “association”, “organization”, “partnership”, “trust”, “company” or “corporation” as well as an “individual”.
  8. The word “lot” includes the word “plot” or “parcel.”
  9. “Abandon/Abandoned” means a use that has been discontinued for a minimum period of one (1) year or a building, structure, sign, or other object that remains vacant or unused for a minimum period of one (1) year.
  10. “Abandonment” means any act that results in abandonment.
  11. “Abutting property” means property lying immediately adjacent to and sharing a common property line with other property.
  12. “Access” means the provisions of vehicular and/or pedestrian ingress and egress to a lot, parcel, building, or structure.
  13. “Accessory use or building” means a use or building on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or building.
  14. “Accessory building, unoccupied” means a building on the same lot as the principal building and that is:
  15. Clearly incidental to, and customarily found in connection with such principal building
  16. Operated and maintained for the benefit of the principal use; and
  17. Not a dwelling unit.
  18. “Accessory dwelling unit” means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one (1) lot.
  19. “Active (or valid) building permit” means a building permit that has not expired.
  20. “Adversely affected party” means a person other than a land use applicant who owns real property adjoining the property that is the subject of a land use application or land use decision, or will suffer damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision.
  21. “Adjacent property/Adjacent landowners” means a lot or parcel of property, or the owner of record of such, according to the records of the Duchesne County Recorder that has a common boundary line with a lot or parcel of property that is the subject of action before the city.
  22. “Adult-oriented business” means any or all of the following or any portions of the following: adult bookstore, adult video store, adult novelty store, adult motion picture theater, adult theater, and tattoo parlors.
  23. “Affected entity” means a county, municipality, an independent special district under Utah Title 17A, Chapter 2, Independent Special District, a local district under Utah Title 17B, Chapter 2, Local District, school district, interlocal cooperation entity, specified public utility or the Utah Department of Transportation, if:
  24. The entity’s services or facilities are likely to require expansion or significant modification because of an intended use of land.
  25. The entity has filed with the municipality a copy of the entity’s general or long-plan; or
  26. The entity has filed with the municipality a request for notification during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under the Act.
  27. “Affordable housing” means a dwelling unit for which a household spends not more than thirty (30) percent of its gross income for housing costs. Rental housing costs include contract rent and utilities. Owner occupied housing costs include mortgage principal and interest, property taxes, insurance, and, where applicable, homeowner’s association fees.
  28. “Agent” refers to the person with proof of authorization to represent a property owner.
  29. “Agriculture” means the tilling of the soil, the raising of crops, horticulture and gardening, commercial greenhouses; the breeding, grazing and keeping or raising of domestic animals and fowl, except household pets, and does not include any business, such as fruit packing plants, fur farms, animal hospitals or similar uses.
  30. “Agricultural packing and warehousing” means a facility used for storing, sorting, cleaning, sacking, or transshipment of agricultural products. Does not include processing functions. Storing and cleaning mean handling to the generally minimum level of marketability.
  31. “Agricultural processing” refers to cooking, dehydrating, refining, bottling, canning, or other treatment of agricultural products which changes the naturally grown product for consumer use.
  32. “Alley” means a public access less than twenty-six (26) feet in width, which is designed to give secondary access to lots or abutting properties; an alley shall not be considered a street, for the purposes of this title.
  33. “Alteration, building” means any change in the structure which will increase the number of dwelling units, the floor area, or the height of the structure.
  34. “Alterations, structural” means any change in the supporting members of a building such as bearing walls, beams, or girders.
  35. “Alternative power” means another source or means of supplying energy such as solar, wind, etc., that can be considered an equivalent substitute for conventional commercial power.
  36. “Animal hospital or veterinary offices” means an establishment where animals are medically treated, lodged, or trained by a licensed veterinarian.
  37. “Apartment” means a room or a suite of rooms forming one residence in a building containing multiple residences.
  38. “Apartment house” means a building that contains four or more dwelling units primarily for rent or lease or a building that contains an apartment or apartments and also contains other approved uses such as an office or retail space.
  39. “Appeal Authority” means one or more persons designated by ordinance to decide an appeal.
  40. “Applicant” refers to the owner, or owner’s agent, of the property that is the subject of the application
  41. “Application” means a written request for development approval including, but not limited to an alteration or revision to an approved master planned development, conditional use permit, zoning or rezoning, subdivision, or annexation. The term “application” shall not include any building permits associated with construction with an approved subdivision or on an existing platted lot unless otherwise specified.
  42. “Area” means the aggregate space within given boundaries.
  43. “Architectural projection” means any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building (i.e. awnings, canopies), but does not include signs.
  44. “Artificial light source” means an exterior source of lighting emanating from a man-made device, including but not limited to, incandescent, mercury vapor, metal halide or sodium lamps, spotlights, flood lights, landscaping lights, street lights, vehicular lights, construction or security lights.
  45. “Assisted living center” means residences that provide for semi-independent living. Such facilities may be: (1) equipped with studio or one bedroom apartments with limited kitchen facilities, generally designed for single occupancy; (2) contain central dining facilities where prepared meals are served to the residents; (3) employ full time nursing or medical assistance and supervision; and (4) may provide other additional services to residents.
  46. “Automobile repair, major” refers to general repair, building or reconditioning of engines, motor vehicles or trailers, and collision service including body or frame repairs.
  47. “Automobile repair, minor” refers to upholstering, replacement of parts and motor service to passenger cars or trucks not exceeding one and one-half (1 ½ ) tons capacity, but not including operations named under “automobile repairs, major”.
  48. “Automobile sales area” means an area used for display, sale or rental of new or used motor vehicles, mobile homes, recreational coaches, or recreation vehicles in operable condition.
  49. “Automobile service station” means a place where gasoline, or any other motor fuel or lubricating oil or grease for operating motor vehicles, is offered for sale to the public and deliveries are made directly into motor vehicles, and where services performed may include tube and tire repair, battery charging, storage of merchandise, lubricating of automobiles, replacement of spark plugs, lights, fans, and other small parts, but not including major auto repair.
  50. “Automotive paint shop” refers to a facility for painting of automobiles, trucks, trailers, boats or other travel or recreation vehicles or units.
  51. “Average slope” means an expression of rise or fall in elevation along a line perpendicular to the contours of the land, connecting the highest point of land to the lowest point of land within an area or within a lot. A vertical rise of one hundred (100) feet between two points one hundred (100) feet apart, measured on a horizontal plane, is a one hundred (100) percent slope.
  52. “Balcony” means a platform that projects from the wall of a building and is enclosed by a railing, parapet, or balustrade.
  53. “Banking or financial services” refers to a bank, credit union, savings and loan association, or other establishments with a primary purpose of receiving, lending, exchanging, or safeguarding money, or providing financial advisory service. This definition shall include outside drive-up facilities for service to customers in automobiles.
  54. “Base flood” means having a one (1) percent chance of being equaled or exceeded in any given year.
  55. “Basement” means a story whose floor is more than twelve (12) inches below the average level of the adjoining ground, but where no more than one-half of its floor-to-ceiling height is below the average contact level of the adjoining ground. A basement shall be counted as a story for purposes of height measurement, and as a half-story for the purpose of side yard determination.
  56. “Bed and breakfast” means a single-family dwelling, occupied by a residing family and containing one or more sleeping rooms intended for the occupancy by persons unrelated to the residing family on a short-term basis (overnight and up to two (2) weeks).
  57. “Beginning of construction” means the excavation or re-contouring of the site.
  58. “Block” means the land surrounded by streets or other rights-of-way, other than an alley, and land which is designed as a block on any recorded subdivision plat.
  59. “Body and fender shop” means a facility for major automobile, truck, mobile home, recreational coach or recreational vehicle repairs to body, frame or fenders, and including rebuilding.
  60. “Buffer” means an area of land including landscaping, berms, walls, fences and building setbacks which is located between land used of different character and is intended to mitigate negative impacts of the more intense use of one land use on another.
  61. “Building” means any structure with a roof regardless of whether or not it has any walls.
  62. “Building envelope” means the space remaining on a site for structures after all building setbacks, height limit, and bulk requirements have been met.

  1. “Building height” means the vertical distance from the existing grade to the highest point of a cornice of a flat roof or to the deck line of a mansard roof or to the midpoint of the highest gable of a pitch or hip roof. Maximum height allowed is two stories or 30’. Where a building is located on sloping terrain, the height is measured from the average grade/ground level.

  1. “Building inspector” means the official designated as the building inspector for Roosevelt City.
  2. “Building, main” means a building in which is conducted the principal use of the building site on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the building site on which it is situated.
  3. “Building permit” refers to an official document or certificate issued by a governmental authority having jurisdiction, authorizing the construction of any building. 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.
  4. “Business” refers to any activity carried on for the purpose of gain or economic profit. The acts of employees rendering service to employers are not included in the term business unless otherwise specifically prescribed. Business includes but is not limited to, the sale or rental of tangible personal or real property, the manufacturing of goods or property and the rendering of personal services for others for consideration by persons engaged in any profession, trade, craft, occupation, non-profit organization or other calling.
  5. “Campground” means a public area designated for camping or a private area licensed for camping.
  6. “Camping” means a temporary establishment of living facilities such as tents or recreational coaches.
  7. “Canopy” refers to a roof or awning constructed of fabric or other material and extending outward from a building to provide a protective shield for doors, windows or other openings with supports extended to the ground directly under the canopy or cantilevered from the building.
  8. “Car wash” means a facility for automatic or self-service washing and cleaning of automobiles and small trucks not exceeding one and one-half tons capacity.
  9. “Carport” means a private garage not completely enclosed by walls or doors. For the purposes of this title, a carport shall be subject to all the regulations prescribed for a private garage.
  10. “Cemetery (or columbarium, crematory, mausoleum)” refers to land or buildings used for the cremation, burial, or internment of the human dead but not including facilities for embalming.
  11. “Child nursery” refers to an establishment for the care and/or instruction of five (5) or more children other than members of the family residing on the premises.
  12. “Church” means a building, together with its accessory buildings and uses, maintained and controlled by a duly recognized religious organization where persons regularly assemble for worship.
  13. “City Council” means the City Council of Roosevelt City, Utah. A six-member body elected by the citizens comprised five council members and the mayor. Unless otherwise stated in this Title, the Roosevelt City Council is designated as the City’s land use authority. Three (3) voting members of the City Council constitute a quorum.
  14. “City engineer” refers to the City Engineer of the City or its authorized representative.
  15. “Clinic” means a building in which a group of dentists or physicians, and allied professional assistants, are associated for the conduct of their professions. The clinic may include a dental and/or a medical laboratory and an apothecary, but it shall not include inpatient care or operating rooms for major surgery.
  16. “Club, Social.” means any organization, group or association supported by its members where the sole purpose is to render a service to said members and their guests.
  17. “Commercial” refers to a land use classification that permits facilities for the buy and selling of commodities and services.
  18. “Commercial dog kennel” means a place where five (5) or more dogs over six (6) months of age and or five (5) or more cats over six (6) months of age, irrespective of duration, are boarded, bred, brought, sold, exhibited or trained for compensation, but not including a pet shop, animal shelter veterinary clinic/hospital where boarding is incidental to treatment.
  19. “Commercial feedlot” means any tract on which the principal use is the raising of, or the concentrated feeding of livestock, fowl, or any other edible animals for the sale of such animals or the sale of products derived from such animals. Does not include dairies. Swine and mink operations are also not included or allowed for commercial feedlots.
  20. “Common open space” means the land area in planned unit development (PUD) reserved and set aside for agricultural or recreational use, landscaping, open green areas, parking, and driveway areas for the common use and enjoyment of the residents of the PUD.
  21. “Complete application” refers to a submission, which includes all information requested on the appropriate form, and full payment of all applicable fees.
  22. “Composting facility” refers to a facility that is designed and used for transforming, through biological decomposition, food, yard wastes and other organic material into soil or fertilizer. This use does not include backyard composting bins serving individual families.
  23. “Concept plan” refers to a sketch or rough drawing that may be submitted prior to the preliminary plat for subdivisions to enable a subdivider to reach general agreement with the Planning Commission and City Staff as to the form of the plat and the objectives of these regulations and to receive guidance as to the requirements for subdivisions within Roosevelt City.
  24. “Conditional use” means 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 of a zone, or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.
  25. “Condominium” means the ownership of a single unit in a multi-unit project together with an undivided interest in the common areas and facilities of the property.
  26. “Constitutional taking” means the final action by the city to physically take or exact private real property that requires compensation to the owner because of the mandates of the Constitution of the United States, or of the Utah Constitution.
  27. “Construction” means the placement, assembly, erection, substantial repair, alteration or demolition of a building or structure on land, the placement of concrete, asphalt, similar materials on land, or grading or earthwork of land.
  28. “Construction drawings” refers to plans prepared by a registered engineer, with professional seal affixed thereto showing all required improvements, including any proposed utilities.
  29. “Contiguous” refers to lands separated only by streets, easements, pipelines, power lines, conduits, rights-of-way under the ownership of the landowner of one (1) of the subject parcels, a property owners association or a governmental agency, or a public utility. For density purposes only, contiguous means lots that share a common border. (Lots that touch point-to-point, and lots which are separated by waterways, streets or major easements are not considered contiguous for density calculations).
  30. “Convenience goods sales and services” means stores or shops intended for retail sales of convenience goods or performance of convenience services. Goods and services regarded as convenience are those generally needed for daily home consumption and for which locations near residential neighborhoods are considered desirable. This category includes grocery store, drug store, variety store, personal service, hardware store, dry cleaning and uses considered similar and compatible.
  31. “Conventional subdivision” means the division of land in a standard and more traditional configuration of lots.
  32. “Corral” means a pen or enclosure for confining animals.
  33. “Council” refers to members of Roosevelt City Council.
  34. “County” refers to unincorporated areas of Duchesne.
  35. “Court” means an open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, and which is grounded on two or more sides by such a building or buildings.
  36. “Coverage, building” means the percent of the total site area covered by buildings.
  37. “Cul-de-sac” means a minor street having an open end and being terminated at the other end by a vehicle turnaround.
  38. “Culinary water authority” refers to the department, agency, or public entity with the responsibility to review and approve the feasibility of the culinary water system and sources for the subject property.
  39. “Curb cut” means a ramp opening in a curb where vehicles or wheelchairs may enter or leave the roadway.
  40. “Dairy” means a commercial establishment for the manufacture, processing or packaging of dairy products, and their sale; for purposes of this definition, the production of milk on a farm for wholesale marketing off the premises shall not classify the farm as a dairy.
  41. “Daycare services” means care of a child for a portion of the day which is less than twenty-four (24) hours in a home by a responsible person or outside of his/her home in a daycare center. This includes preschools.
  42. “Density” means the ratio of the number of dwelling units per acre of land.
  43. “Developer” refers to any person, firms, 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 an applicant for subdivision approval.
  44. “Development agreement” means the agreement between the City and the Owner/Developer that outlines the duties, responsibilities, obligations, commitments and promises of the City and the Owner/Developer.
  45. “Development (land)” means the conversion or alteration of use or physical characteristics of land; placing improvements on the land; or putting land to intensive use such as a subdivision, planned unit development, mobile home park, recreation vehicle park, shopping center, industrial park, excavation, etc.
  46. “Development Review Committee” means a committee established and created by the City Council to assure that the proposed use, activity, building or structure is consistent with the General Plan and complies with the requirements of the Land Use and Subdivision Ordinances. Committee members may include representatives from city departments and other person(s) as may be designated by the City Council, responsible for reviewing and coordinating applications for any Land Use Application approval, permit, or license.
  47. “Disabled person” means a person who has a severe, chronic disability attributable to a mental or physical impairment or to a combination of mental and physical impairments which is likely to continue indefinitely and which results in a substantial functional limitation in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and who requires a combination or sequence of special interdisciplinary or generic care, treatment, or other services that are individually planned and coordinated to allow the person to function in, and contribute to, a residential neighborhood.
  48. “District (also zone or zoning district)” means a portion of the territory of Roosevelt City established as a zoning district by this code, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this code.
  49. “Domestic livestock” refers to those fowls, cattle, dairy animals, swine, sheep, goats, and other animals such as horses that are kept or raised for use or for pleasure as part of the overall agricultural operation and which are not part of a commercial feedlot.
  50. “Drainage basin” refers to a sub-area of a watershed that contributes stormwater runoff to a watercourse tributary to the main receiving water.
  51. “Drainage system” refers to one or more artificial ditches, tile drains, or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
  52. “Driveway” means a private roadway, use of which is limited to persons residing, employed, or otherwise using or visiting the parcel on which the driveway is located.
  53. “Dry cleaner” means an establishment which has as its sole purpose the cleaning of fabrics with substantially non-aqueous organic solvents. Laundry establishments with self-service, coin-operated dry-cleaning machines shall not be classified as a dry cleaner.
  54. “Duplex conversion” shall mean converting a duplex to a twin home. Includes separating all utilities, bringing duplex up to existing code, meeting twin home lot size and meeting all city requirements specified for a twin home.
  55. “Dust control plan” means a narrative plan that may include map exhibits prepared by the developer that establishes management practices to be employed and temporary facilities to be installed by the developer to control fugitive dust that is released into the air or onto public street during construction within the subdivision.
  56. “Dwelling” means any building or portion thereof designed or used as the more or less permanent residence or sleeping place of one or more persons or families, but not including a tent, recreational coach, hotel, motel, hospital or nursing home.
  57. “Dwelling, four-family” means a building arranged or designed to be occupied by four families, the structure having only four dwelling units.
  58. “Dwelling, multiple-family” means a building arranged or designed to be occupied by more than three families and having more than three dwelling units.
  59. “Dwelling, single-family” means a building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
  60. “Dwelling, three-family" means a building arranged or designed to be occupied by three families, the structure having only three dwelling units.
  61. “Dwelling, two-family (duplex)” means a building arranged or designed to be occupied by two families, the structure having only two dwelling units.
  62. “Dwelling unit” means one or more rooms in a dwelling, designed for or occupied for living or sleeping purposes and having a kitchen.
  63. “Easement” means that portion of a lot or lots reserved for present or future use by a person or agency other than the legal owner(s) of said property(ies). The easement may be for use under, on or above said lot or lots.
  64. “Educational institution” refers to a public elementary or secondary school or a private educational institution having a curriculum like that ordinarily given in public schools.
  65. “Elderly person” means a person who is sixty-five (65) years old or older, who desires or needs to live with other elderly persons in a group setting.
  66. “Eminent domain” refers to the right of a public entity to acquire private property for public use upon the payment of just compensation.
  67. “Encroachment” means any obstruction or protrusion into a right of way or adjacent property, whether on the land or above it.
  68. “Erosion and sediment control plan” means a plan submitted with the preliminary plan and with the construction drawings including narrative and/or drawings prepared by the developer that establish management practices to be employed and temporary and permanent facilities to be installed to control soil erosion and prevent sedimentation impacts to adjacent properties and public facilities during and after the construction of the subdivision.
  69. “Essential services” means services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include surface, underground, or overhead gas, electrical, steam, water, sanitary sewage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewer pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.
  70. “Exactions” refers to the act of demanding and obtaining something.
  71. “Excavation” refers to either the removal of earth from its natural position or the cavity resulting from the removal of earth.
  72. “Family” means 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 and using common cooking facilities.
  73. “Family food production” means the keeping of domestic animals and fowl for the production of food for the sole use of the family occupying the premises.
  74. “Fee schedule” refers to the schedule or any appendix of fees adopted periodically by Resolution of the City Council setting forth various fees charged by the City.
  75. “Fence” means a physical barrier to delineate, contain or designate an area designed for a specific use, such as an enclosure for a dwelling unit, an area of storage, etc.
  76. “Fence, wildlife” or “wildlife fence” refers to open fencing allowed at a height of 6 ft or higher when a need is shown to protect from entering or leaving an area.
  77. “Fill” means Earth materials used either as a manmade deposit or to raise the existing grade or shall mean the depth or the volume of such materials.
  78. “Final action” means the latter of the final vote or the approved, written decision on a matter.
  79. “Final plat” refers to a map of a subdivision, required of all major subdivisions, which is prepared for final approval and recordation, which has been accurately surveyed, so that streets, lots and other divisions can be identified.
  80. “Flag lot” means a building lot with street access, but without street frontage. The glad lot consists of an access portion and a banner portion.
  81. “Floor area” means area included within surrounding walls of a building or portion thereof, exclusive of vents, shafts and courts.
  82. “Frontage” refers to the length of the property line of the lot fronting on a street. A corner lot shall have two frontages.
  83. “Garage, private” means a detached accessory building, or a portion of the main building, used or intended to be used for the storage of motor vehicles, recreational coaches, boats, or other recreational vehicles, but not including the parking or storage of trucks or vans having a capacity in excess of one and one-half tons, and not including space for more than a total of four such vehicles for each dwelling unit on the premises.
  84. “Garage, public" means a structure or portion thereof other than a private garage, used for the storage, sale, care, repair, or refinishing of self-propelled vehicles, trailers, or boats.
  85. “Garage, repair” means a structure or portion thereof, other than a private garage, used for the repair of self-propelled vehicles, trailers or boats, including general repair, rebuilding or reconditioning of engines, motor vehicles or recreational coaches, and minor collision service, but not including major body, frame or fender repairs or overall automobile or truck painting, except by conditional use permit. A repair garage may also include incidental storage, care, washing or sale of automobiles.
  86. “General merchandise sales and related services” means the stores, department stores or shops intended for the sale of goods or merchandise, but not including convenience goods, liquor, motor vehicles, campers, trailers, or lumber.
  87. “General plan” means a document that the City adopts that sets forth general guidelines for proposed future development of the land within the municipality, as set forth in Utah Code Annotated.
  88. “Geotechnical report” refers to a report submitted with the preliminary plan, prepared by and stamped by a licensed engineer, 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 would also include exhibits and appendices showing a vicinity map, site plan, boring locations, boring logs, test results and any other information used by the geotechnical firm in determining his or her design recommendations.
  89. “Governing body” means the elected legislative body of the local jurisdiction.
  90. “Grade” means:
  91. For buildings adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street;
  92. For buildings adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining the street;
  93. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the centers of all exterior walls of the building;
  94. Any wall parallel or nearly parallel to and not more than five feet from a street line is to be considered as adjoining the street.
  95. “Grade, natural” means the elevation of the surface of the ground which has been created through the action of natural forces and has not resulted from manmade cuts, fills, excavation, grading or similar earth moving processes. The topographic maps of the city shall be the primary, though not exclusive, reference for determination of natural grade. Natural grade shall be determined in every instance where necessary by an engineer.
  96. “Gravel pit” means All sites where gravel or minerals will be extracted by an open pit method; to all sites where such extracted earth products are stockpiled; and to sites where overburden and leftover earth materials are placed in waste dumps.
  97. “Greenhouse/Nursery” means an enclosed structure used for the cultivation or protection of tender plans.
  98. “Greenways” refers to linear open spaces that link parks and neighborhoods within the community, such as paths or trails.
  99. “Gross land area” refers to the total area, including all public and private areas within the legal boundaries of a particular parcel of land or project.
  100. “Ground floor” means a level of a building, the floor of which is located not more than two (2) feet below nor more than six (6) feet above the finished grade.
  101. “Group home” means a residential facility set up as a single housekeeping unit and shared by unrelated persons who require assistance and supervision. A group home shall be licensed by the state of Utah to provide counseling, therapy and specialized treatment through this temporary living arrangement, along with habilitation or rehabilitation services for physically or mentally disabled persons. A group home shall not include person(s) who are diagnosed with substance abuse problems or who are staying in the home as a result of any criminal offense.
  102. “Guest” means any person or persons staying, for a time period not to exceed thirty (30) days, within a dwelling unit without payment or compensation or remuneration to the owners, tenants or full-time inhabitants of said dwelling unit.
  103. “Health Department” refers to the Utah State Division of Environmental Health or local health agency having jurisdiction.
  104. "Height, building" see "building height".
  105. “Historic preservation” refers to the preservation of historically significant structures and neighborhoods to facilitate the restoration and rehabilitation of the building(s) to a former condition.
  106. “Home occupation” means any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no display, nor stock in trade.
  107. “Home office” means a business office of a firm that conducts management and business functions from a home. Office-like setup in the home of a self-employed person. A conditional use permit will be required if any of the following apply: manufacturing, storing products, walk- in customers, storage, parking or storing vehicles or equipment, and employees other than those who reside in the home.
  108. “Hospital” means an institution for the diagnosis, treatment and care of human illness or infirmity, but not including sanitariums and clinics.
  109. “Hotel” means a building designed for or occupied as the more or less temporary abiding place of five or more individuals who are, for compensation, lodged, with or without meals.
  110. “Household pets” means animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats and canaries, but not including a sufficient number of dogs as to constitute a kennel as defined in this title. Household pets do not include dangerous animals or animals either prohibited by Utah State law or United States law.
  111. “Housing unit” means a house, an apartment, a mobile home or trailer, a group of rooms, or a single room that is occupied as separate living quarters, or, if vacant, is intended for occupancy as a separate living quarters.
  112. “HUD” means the federal Manufactured Housing Construction and Safety Standards Act.
  113. “Hydrology report” means a report prepared by a professional engineer, for the removal of excess water from the subdivision site. The report shall evaluate probable storm events that will generate excess water and compares the water discharges onto and from the site for pre­ development conditions. The report shall identify improvements and management practices to safely convey drainage and mitigate any impacts due to the proposed subdivision development, all prepared in accordance with the City's Construction Standards. A preliminary hydrology report shall be submitted with the preliminary plan. A final hydrology report shall be submitted with the construction drawings, which shall include a stormwater pollution prevention plan (SWPPP).
  114. “Immediate family” is defined as a group consisting of spouse, parent, children, grandparent or grandchildren and the spouse’s parent, children, grandparent, or grandchildren.
  115. “Indoor recreation” refers to a building or structure which contains sports or recreation facilities, including but not limited to indoor swimming pools, ice arenas, curling rinks, courts for racquet sports, exercise centers, martial arts studios, gymnastics facilities, climbing walls, roller rinks, bowling alleys, miniature golf, batting cages, billiard halls and minor retail sales and services customarily associated with and accessory to such facilities.
  116. “Infrastructure” means construction such as but not limited to streets, curbs, gutters, sidewalks, fire hydrants, storm drainage facilities, and water, sewer and gas systems or parts thereof.
  117. “Ingress” refers to an entrance subdivision street accessing an existing city street.
  118. “Intermittent use” means a temporary business of selling and delivering goods, wares, and merchandise.
  119. “Junk” means old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris or other waste or salvage materials; dismantled, junked, or wrecked automobiles or parts thereof; and old or scrap ferrous or nonferrous metal materials.
  120. “Junkyard” means the use of any lot, a portion of a lot, or tract of land for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of automobiles or other vehicles, or machinery or parts thereof; provided, that this definition shall be deemed not to include such uses which are clearly accessory and incidental to any agricultural use permitted in the district.
  121. “Kennel” means any premises where three or more dogs older than four months are kept.
  122. “Kitchen” means any room or other place used or intended or designed to be used for cooking or for the preparation of food. This includes refrigerators, stoves, cooking appliances, built-in cabinets, sinks, two hundred twenty (220) volt electrical service or natural gas supply lines, and any combination thereof, that would permit any room to be used as a kitchen.
  123. “Laboratory” means a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not including facilities for the manufacture of products for sale.
  124. “Landmark” means (1) a building, site, object, structure, or significant tree having historical, architectural, social, or cultural significance and marked for preservation by the local, state, or federal government. (2) A visually prominent or outstanding structure or natural feature that functions as a point of orientation or identification.
  125. “Landscaping” means any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, or trees) or nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials) that beautify a residence or building of any sort. Landscaping may include the preservation and incorporation of existing trees, vegetation, or ecosystems into site development or xeriscape.
  126. “Land use application” means an application required by a municipality’s land use ordinances.
  127. “Land use ordinance” is a planning, zoning, development, or subdivision ordinance of the municipality, but does not include the general plan.
  128. “Laundromat” means an establishment in which patrons wash, dry or dry-clean clothing and other fabrics in coin-operated, self-service machines.
  129. “Leapfrog development” means a new development separated from existing development by substantial vacant land.
  130. “Legislative body” is the Roosevelt City Council.
  131. “Level of service (LOS)” means an indicator of the extent or degree of service provided by or proposed to be provided by a public facility or service based on and related to the operational characteristics of the public facility or service.
  132. “Liquor store” means a retail store authorized by the Utah State Liquor Commission to sell packaged alcoholic beverages for off-premises consumption.
  133. “Livestock” means large animals which may include horses, cattle, goats, sheep, llamas, ostriches, or other animals judged by the planning commission to be compatible with this category of a large animal. For the purposes of this definition, hogs or pigs may not be considered livestock.
  134. “Local jurisdiction” means Roosevelt City, Utah.
  135. “Lodging house” refers to a building where lodging only is provided for compensation to three (3) or more persons, but not including motels or hotels.
  136. “Lot” means a parcel or unit of land described by metes and bounds and held or intended to be held in separate lease or ownership, or a parcel or unit of land shown as a lot or parcel on a recorded subdivision map, or shown on a plat used in the lease or sale, or offer of lease or sale, of land resulting from the division of a larger tract into three or more units.

  1. “Lot area” means the total area measured on a horizontal plane included within the lot lines of the lot or parcel of land.
  2. “Lot, corner” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.
  3. “Lot coverage” means the total horizontal area of a lot, parcel or building site covered by any building or occupied structure which extends above the surface of the ground level and including any covered automobile parking spaces. Covered patios, covered walkways, and covered recreation areas shall not be considered as lot coverage; provided, that said areas are not more than fifty (50) percent enclosed.
  4. “Lot frontage” means the lineal measurement of the front lot line, the front lot line being the total distance of the lot line most adjacent to and parallel with the front of the proposed or existing structure.
  5. “Lot, interior.” means a lot other than a corner lot.
  6. “Lot line, front” means, for an interior lot, the lot line adjoining the street; for a corner lot or through lot, the lot line adjoining either street, as elected by the lot owner.
  7. “Lot Line, rear” means, ordinarily, that line of a lot that is opposite and most distant from the front line of the lot. In the case of a triangular or gore-shaped lot, a line ten (10) feet in length within the parcel parallel to and at a maximum distance from the front lot line. In cases where these definitions are not applicable, the building inspector shall designate the rear lot line.
  8. “Lot line, side” means any lot boundary line not a front or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line; a side lot line separating a lot from a street is a street side lot line.
  9. “Lot lines” means the property lines bounding the lot.

  1. “Lot right-of-way” means a strip of land of not less than sixteen (16) feet in width connecting a lot to a street for use as private access to that lot.
  2. “Lot, through or multiple frontage lot” means a lot having a frontage on two streets. Said lots for purposes of this title may have multiple street frontages and multiple front yards. Any street frontage with an entrance eight feet or wider shall be a “front yard” and subject to all provisions of this title accordingly regardless of how many “front yards” that property may have.
  3. “Lot width” means the horizontal distance between the side lot lines, measured at the required front yard setback line or rear yard setback line, whichever is shorter.

  1. “Lumber sales and storages” means the sale and display of lumber and building supplies, including the outside storage of lumber and related merchandise.
  2. “Manufactured home” means a transportable factory built housing unit constructed on or after June 15, 1976, according to the National Manufactured Housing Construction and Safety Standards Act, 24 U.S.C. Sec. 541 et seq. (HUD Code), in one (1) or more sections, that:
  3. In the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is four hundred (400) or more square feet; and
  4. Is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
  5. “Manufactured home lot” means a lot designed and to be used for the accommodation of one manufactured home.
  6. “Manufactured home park” means a space designed and approved by the local jurisdiction for occupancy by manufactured homes, to be under a single ownership or management, and to meet all requirements of this title and ordinance for manufactured home parks.
  7. “Manufactured home space” means a space within a manufactured home park, designed and to be used for the accommodation of one manufactured home.
  8. “Manufactured home stand” means that part of the manufactured home space which has been reserved for the placement of the manufactured home and its appurtenant structures or additions.
  9. “Mezzanine” means a low-ceilinged story between two (2) main stories of a building. A mezzanine shall be counted as one (1) story if it covers more than one-third (1/3) of the area of the floor next below.
  10. “Mining, drilling, digging, quarrying, etc.” means all or part of the process involved in the extraction and processing of mineral materials. Such activities shall normally be divided into four distinct phases: 1) Exploration - Onsite, geologic examination from the surface of an area by seismic core, rotary, percussion or other drilling or testing for the purpose of searching for mineral deposits. Exploration includes associated activities such as clearing and preparing sites or constructing roads for drilling; 2) Prospecting - Examination of an area for the purposes of determining the quality and quantity of minerals other than by exploration, but including the obtaining of samples by physical means; 3) Operation - Mineral extraction and/or processing for commercial purposes, including such operations or aggregate or ready mix plants, mixing of asphalt, mining or drilling services, processing topsoil, washing, refining or processing of metallic, nonmetallic, or mineral fuel materials; 4) Reclamation - Process by which an area physically or environmentally affected by mineral extraction activities is rehabilitated to either its original state or to a pre-agreed state of long-term environmental stability.
  11. “Minor subdivision” means contiguous property which is partitioned into three (3) or fewer lots usually qualifies as a minor land division. See Title R16.
  12. “Mixed use” means a group of different uses of land within a building for which applications for development permits are sought.
  13. “Mobile home” means a transportable factory built housing unit built before June 15, 1976, in accordance with a state mobile home code which existed prior to the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. Sec. 5401 et seq. (HUD Code).
  14. “Mobile home park” means any approved plot of ground which meets the requirements of the mobile home park. This is intended to provide mobile homes a permanent dwelling purpose, located in a rental space. Spaces tract of land on which two (2) or more mobile home spaces are leased, or offered for lease or rent, to accommodate mobile homes for residential purposes.
  15. “Mobile home space” means a specific area of land within a mobile home park designed to accommodate one (1) mobile home.
  16. “Mobile home subdivision” means a subdivision designed and intended for residential use where the lots are to be occupied by mobile homes exclusively and are owned individually.
  17. “Model home” means a residential structure that meets all residency occupancy requirements, used for sale purposes only. A subdivision may have up to a maximum of five (5) model homes in any subdivision. It is suggested that each should have a substantially different floor plan.
  18. “Modular unit” means a structure built from sections that are manufactured in accordance with the construction standards adopted pursuant to uniform building codes and transported to a building site, the purpose of which is for human habitation, occupancy or use.
  19. “Monument” means a permanent survey marker established by a licensed surveyor and shown on a final plat with state plane coordinates, and/or a survey marker set in accordance with engineering specifications.
  20. “Mortuary (or funeral homes)” means an establishment in which the human dead are prepared for burial or cremation. The facility may include a chapel for the conduct of funeral services, spaces for informal gatherings, and related accessory uses.
  21. “Motel” means a building or group of buildings for the drive-in accommodation of transient guests, comprising individual sleeping or living units, and designed and located to serve the motoring public.
  22. “Motor hotel, motel, hotel” means a building or a group of buildings for the accommodation of transient guests, comprising individual sleeping or living units.
  23. “Municipal facilities” refers to those improved properties owned by the municipality, or the public.
  24. “Municipal services” means services traditionally provided by local agencies including water and sewer, roads, parks, schools, and police and fire protection.
  25. “New development” means any new construction activity.
  26. “Non-commencement” means the failure to begin, or the discontinuation of, construction activity that would make a material change in a structure as evidenced by the cancellation, lapsing, or revocation of a building permit; or the failure to begin, or the discontinuation of, any other land use activity that would make a material change in the use of land.
  27. “Nonconforming building or structure” means a building or a structure which does not conform to the regulations for height, coverage or yards of the district in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its erection.
  28. “Nonconforming use” means the use of a building or structure or land which does not conform to use regulations for the district in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its establishment.
  29. “Notice” means a “Class A” or “Class B” public notice as defined by §63G-28-101/102 of Utah State Code (as amended).
  30. “Notice (of hearing)” means a legal document announcing the opportunity for the public to present their views to an official representative or board of a public agency concerning an official action pending before the agency
  31. “Nursery” means a business that grows, cultivates, and/or distributes and sells plants and other landscaping or horticulture-related items.
  32. “Nursing home” means an institution, other than a hospital, for the care of human illness or infirmity in which care, rather than diagnosis or treatment, constitutes the principal function. The term “nursing home” shall also include “rest home” and “convalescent home.”
  33. “Offices” means a building, room or department wherein a business or service for others is transacted, but not including the storage or sale of merchandise on the premises.
  34. “Official map” means a map which has been adopted as the official map of the local jurisdiction, showing existing public streets, streets on plats of subdivisions which have been approved by the planning and zoning board, and/or other street extensions, widenings, narrowings or vacations which have been accurately surveyed and definitely located.
  35. “Official streets master plan” means as adopted by the City Council, the designation of each existing and planned streets and the right-of-way, and those located on approved and filed plats, for the purpose of providing for the development of the streets, highways, roads, and rights-of-way and for their future improvement, construction, realignment, and necessary widening, including provision for curbs and sidewalks. The classification of each street and right-of-way is based upon its location in the respective zoning district of the city, its present and estimated future traffic volume and its relative importance and function.
  36. “Open space” means the area reserved in parks, courts, playgrounds, golf courses, and other similar open spaces.
  37. “Operator” means and includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.
  38. “Outbuilding” means a detached accessory building constructed on a residential lot housing a garage, accessory apartment or handicapped or elderly apartment.
  39. “Outdoor recreation: parks or playground (public or private)”  means an area free of buildings except for restrooms, dressing rooms, equipment storage and maintenance buildings, and open-air pavilions and used primarily for recreation activities not involving motor vehicles or overnight use.
  40. “Outdoor recreation, uses” means recreational activities involving off highway vehicles and similar motorized vehicles for recreational use and horse arenas, equestrian parks and equine activity, including but not limited to equine shoes fairs, competitions, performances, racing or sales that involve any breed of equines and any equine disciplines; boarding or training equines and teaching persons equestrian skills. The planning commission may also determine other outdoor recreation activities that are consistent with the section.
  41. “Overlay” means a land use designation on the General Plan’s Land Use Map, or a zoning designation on a zoning map, that modifies the basic underlying designation in some specific manner.
  42. “Owner” means the holder of the fee title to land or buildings or to property, whether a person, partnership, corporation, or other entity recognized by law, and his or its lessees, permittees, assignees or successors in interest.
  43. “Package agency” means any outlet authorized by the Utah Liquor Control Commission to sell original packaged liquor or wine for consumption off the premises.
  44. “Parcel of land” means a lot. (See “Lot.”)
  45. “Parking lot” means an open area, other than a street, used for the parking of more than four automobiles and available for public use, whether free, for compensation, or accommodation for clients or customers.
  46. “Parking space” means an area nine feet by twenty (20) feet maintained for the parking or storage of an automobile or other vehicles, which is graded for drainage and is hard-surfaced or porous-surfaced.
  47. “Pawnshop” means a business dealing in or collecting used or secondhand merchandise or personal property, which has been legitimately obtained.
  48. “Permitted premises or licensed premises” means any premise that requires a license and/or permit ad that is classified as a sexually oriented business.
  49. “Permitted use” means an authorized use within a zoning district.
  50. “Permittee (or licensee)” means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
  51. “Person” means an individual, corporation, partnership, or incorporated association of individuals such as a club or legal entity.
  52. “Personal services” means establishment primarily involved in providing personal grooming and related services. This definition shall include barbershops, beauty parlors, tailors, and massage services, but not laundries or dry cleaners.
  53. “Phased subdivision” means conventional subdivisions that are proposed to be completed in designated phases.
  54. “Phased subdivision master plan” means a document prepared for future and/or phased development. The Development Master Plan encompasses the design and general development parameters for the entire Phased Development project.
  55. “Planned unit development (PUD)” means a development authorized under and meeting all the requirements provided by the municipality. An integrated design for the development of residential, commercial or industrial uses, or limited combinations of such uses, in which the density and location regulations of the district in which the development is situated may be varied or waived to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed requirements. Planned unit development regulations may govern the subdivision of land if it is proposed by the development to sell individual lots in the planned unit development. Thus, planned unit development regulations can be subdivision regulations, which may be chosen by the developer as an alternative to specifically designated subdivision regulations of this code, to become effective only through the planned unit development approval process.
  56. “Planning and Zoning Board” means the Planning Commission of Roosevelt City as duly appointed under the provisions of state law and Roosevelt City ordinances.
  57. “Plat” means a map or other graphical representation of lands being laid out and prepared in accordance with Utah Code Section 10-9a-604.5
  58. “Preliminary plat” means that drawings that have been prepared to indicate the proposed layout of a subdivision for the purpose of resolving most technical details in compliance with all regulations.
  59. “Preschool” means an education or teaching facility designed for pre-kindergarten age children including kindergarten preparation, music lessons, etc.
  60. “Primary dwelling” means a single-family dwelling that is detached; and is occupied as the primary residence of the owner of record. (Note that the garage is considered to be a "primary dwelling" if the garage is a habitable space; and connected to the primary dwelling by a common wall).
  61. “Primary use” means a land use listed in the Land Use Matrix that occupies the greater portion of a lot or parcel or is the more intense use of two uses on a lot or parcel.
  62. “Private drive” means a non-dedicated thoroughfare or road used exclusively for private access to and from private land or developments.
  63. “Private nonprofit locker club” means a social, recreational or athletic club, or kindred association, incorporated under the provisions of the Utah Nonprofit Corporation and Cooperation Act, which maintains or intends to maintain premises upon which liquor is or will be stored, consumed or sold.
  64. “Private school” means a school which is operated by a quasi-public or private group, individual or organization, and which has a curriculum similar to that provided in any public school in the state of Utah. Private schools may be nonprofit or profit-making establishments.
  65. “Professional office” means an office for the exclusive use of professionals.
  66. “Professional employment” is defined as: medical doctor, eye doctor, dentist, chiropractor, lawyer, attorney, engineer, clergyman, real estate sales, a consulting firm such as business, environmental, tax and mortuary. The sale of goods either wholesale or retail is strictly prohibited within the definition of a professional office.
  67. “Property” means any parcel, lot, or tract of land, including improvements thereon, in the possession of or owned by, or recorded as the real property of, the same person or persons.
  68. “Property line” refers to the boundary line of a parcel or lot.
  69. “Property line, front” means part of the parcel or lot which abuts the street.
  70. “Public” means that which is under the ownership of the United States government, state of Utah, or any subdivision thereof, Utah County, or Roosevelt City (or any departments or agencies thereof).
  71. “Public building” means any building owned, leased, or held by the United States, the state, the county, the City, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
  72. “Public hearing” means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.
  73. “Public improvement” means any building, water system drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking lot, space or structure, lot improvement, or other facility for which the City may ultimately assume responsibility, or which may affect a city improvement.
  74. “Public meeting” means a meeting that is required to be open to the public under Utah State law.
  75. “Public park” means a public land which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian or bicycle paths, or open space, wilderness areas, or similar public land within the City which is under the control, operation or management of the city.
  76. “Public right-of-way” means an area of land that is legally described in a registered deed for the provision of public access.
  77. “Public street” means a street, including the entire right-of-way, which has been dedicated to and accepted by the City of Roosevelt or other governmental agency or which has been devoted to public use by legal mapping, use, or other means.
  78. “Public use” means a use operated exclusively by public body, such use having the purpose of serving the public health, safety, or general welfare, and including such uses as public schools, parks, playgrounds, and other recreational facilities; administrative, service facilities, and public utilities.
  79. “Public utility” means a structure or other facility used by a public agency to store, distribute, generate or chemically treat water, power, gas, sewage, equipment, or other service elements.
  80. “Quasi-public use” means a use operated by a private non-profit, educational, religious, recreational, charitable or philanthropic institution, such use having the purpose primarily of serving the general public, such as churches, playgrounds, private schools, and similar uses.
  81. “Reasonable notice” means the requirements of the reasonable notice are met if notice of hearing or meeting is posited in at least three public places within the jurisdiction, posted on the Roosevelt City website, posted on the Utah Public Notice Website, and meets the requirements under Utah State Code 10-9a-604.5.
  82. “Record of survey map” means a graphic illustration of a survey of land prepared in accordance with state laws.
  83. “Recreation, commercial” means recreation facilities operated as a business on private or public property and open to the public for a fee, such as a golf course, ski lift, tennis court, etc., and support facilities
  84. “Recreation, dwelling” means cabins and other permanent structures built for recreational use only and not to be used as a primary dwelling unit. Does not include travel trailers, trailer, recreational vehicles, mobile homes, unless permitted and connected to an approved septic system.
  85. “Recreational vehicle” means a vehicle, such as a travel trailer, tent camper, camp car or other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Vehicle Code, and designed for use as human habitation for a temporary and recreational nature.
  86. “Recreational vehicle park” means any area or tract of land or a separate designated section within a manufactured home park where lots are rented or held out for rent to one or more owners or users of recreational vehicles for a temporary time not to exceed thirty (30) days. Such park may also be designated as an “overnight park.”
  87. “Recreational vehicle space” means a plot of ground within a recreational vehicle park designated and intended for the accommodation of one recreational coach.
  88. “Recycle center” means any facility which is maintained and operated for the purpose of receiving, collecting and processing source-separated recyclable materials for resale or transfer. For the purpose of this definition, “processing” shall mean the modification of materials by baling, crushing, grinding, chipping or other means to prepare the materials for markets.
  89. “Regional camps and resorts” means a temporary establishment of living facilities such as tents, cabins or trailers in which someone lives or stays for a period of time not to exceed thirty consecutive days.
  90. “Religious, educational institute” means a 28 U.S.C. 501(c)(3) non-profit organization engaged in teaching, community programs, or spiritual endeavors, which qualifies as a tax-exempt religious institution under Title 28 of the U.S. Code.
  91. “Religious institution” means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities
  92. “Repair services, small appliances or equipment” means an establishment for the repair of household or other small appliances or equipment and at which not such appliances or their parts are stored out-of-doors.
  93. “Residential” means land designated in the city or county General Plan and zoning ordinance for buildings consisting primarily of dwelling units. May be improved, vacant, or unimproved land.
  94. “Residential district or residential use” means except with regard to caretaker residences in a commercial or manufacturing zone, a single-family, duplex, townhouse, multiple-family or mobile home park, development or subdivision and campgrounds, and single-family, duplex, townhouse, multiple-family, or mobile home uses, all as defined under city ordinances.
  95. “Residential facility for elder persons” means a facility meeting the requirements of Utah Code Annotated Section 10-9-605 et seq. and conforming with the applicable standards of the Utah Department of Human Services, including licensure and inspection.
  96. “Restaurant, care” means an establishment where food is prepared and served to customers for consumption on the premises.
  97. “Restaurant, fast food, drive-in” means an establishment distinguished from a traditional sit-down restaurant in that service is provided from a counter or window for consumption either off or on the premises.
  98. “Retail” means the sale of consumer goods directly to the user of the product; may include storage of goods sold in sufficient quantities to meet daily needs. May include sale in large size packages used as pricing incentives.
  99. “Rezoning” means an amendment to the map and/or text of a zoning ordinance to effect a change in the nature, density, or intensity of uses allowed in a zoning district and/or on a designated parcel or land area.
  100. “Right-of-way” means a portion of land dedicated to public use for street and/or utility purposes or maintained in private use for similar purposes.
  101. “Road, right-of-way width” means the distance between property lines measured at right angles to the centerline of the street.
  102. “Roof” means the building element, which covers the top of the structure as the walls enclose the sides.
  103. “Sanitary landfills” means locations where trash, garbage, organic materials are buried and maintained in accordance with local, state, and federal regulations.
  104. “Sanitary sewer authority” means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems.
  105. “School” means any public or private educational facility, including, but not limited to, child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. School includes the school grounds but does not include the facilities used primarily for another purpose and only incidental as a school.
  106. “School, private or quasi-public” means a school operated by a private or quasi-public organization or individual, which has a program similar to that provided in any public school in the State of Utah, except that such curriculum may include religious instruction. A private school may be a profit-making or nonprofit organization. This definition shall not include commercial schools.
  107. “School, public” means an educational facility operated by a school district or other public agency of the State of Utah.
  108. “Screening” means landscaping, berms, fences, walls or any combination thereof used to block or significantly obscure, in a continuous manner, the view from one area to another.
  109. “Security agreement” means an agreement to install improvements secured by cash bond, cash escrow, an irrevocable letter of credit, or any combination of the preceding as approved by the City Council.
  110. “Senior citizen center” means a government-sponsored public building, other than a church or school, serving the social and recreational needs of the elderly. Such a center may include a meeting hall and cooking and dining facilities for large groups but shall not provide overnight lodging.
  111. “Service station” means any land, building, structure, or premises used for the sale of fuel for motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies, or painting of motor vehicles and excluding public parking garages.
  112. “Setback” means the required minimum distance between a building or structure and the nearest property line, platted street or existing curb or edge of a street.
  113. “Sexually oriented businesses” means any or all of the adult or sexually oriented businesses as listed or defined in Chapter R5.50.
  114. “Shopping center” means a multi-entity commercial complex under single ownership or control which leases space to various commercial establishments.
  115. “Short-term rental” means a residential structure located on a legal lot and offering transient lodging accommodations in separate guest rooms and where meals may be provided. It is the rental of any way house or part of a house for less than 29 days. Applicants must meet all applicable requirements of the building code and Land Use Ordinances, as adopted by the City.
  116. “Sight distance” means the extent of unobstructed vision in a horizontal and vertical plane.
  117. “Sight distance triangle” means an area formed by the curb lines or edges of the roadway and a straight line from the driver’s eye on one street to an object on the other street. (Distance for different roadway types are calculated by AASHTO standards).

  1. “Sign” means a presentation or representation of words, letters, figures, designs, pictures or colors, publicly displayed so as to give notice relative to a person, a business, an article of merchandise, a service, an assemblage, a solicitation, or a request for aid; also, the structure or framework or any 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.
  2. “Sign area” means the area in square feet of the smallest rectangle enclosing the total exterior surface of a sign having but one exposed exterior surface. Should the sign have more than one surface, the sign area shall be the aggregate of all surfaces measured as above which can be seen from any one direction at one time.
  3. “Sign, freestanding” means a sign which is supported by one or more upright columns, poles or braces, in or upon the ground.
  4. “Sign, Illuminated" means a sign in which a source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs.
  5. “Sign ordinance” means the sign ordinance of the local jurisdiction.
  6. “Sign, projecting” means a sign which is affixed to an exterior wall or building or structure and which projects more than eighteen (18) inches from the building or structure wall, and which does not extend above the parapet, eaves or building facade of the building upon which it is placed.
  7. “Site development standards” means regulations unique to each zone concerning standards for development including, but not limited to lot areas, setbacks and building height.
  8. “Site plan” means a plan required by, and providing the information required by, Chapter R17.13.
  9. “Special district” means all entities established under the authority of Utah Code Annotated Title 17A and any other governmental or quasi-governmental entity that is not a county, municipality, school district or unit of the state.
  10. “Square footage” means the gross constructed area of all buildings and structures covered by a solid or screened roof and totally or partially enclosed by walls or other material. Nonresidential outdoor areas covered or uncovered that functionally extend the primary use, such as open seating and open retail are included, except that uses which generally completely occur outdoors, such as vehicle or monument sales, nurseries, gasoline sales, salvage yards, and outdoor storage, are not included. Nonresidential canopies and screened enclosures that functionally extend the primary use are included. Decorative canopies or canopies designed to protect from the weather are not included.
  11. “Stable” means a building in which domestic animals, such as horses, ponies, and cattle are sheltered and fed, having stalls or compartments.
  12. “Standard specifications for design and construction (or standard specification)” means the standards, specifications and construction requirements for improvements including streets, water, sewer (wastewater), storm drainage, etc.
  13. “State store” means an outlet for the sale of liquor located on the premises, said premises owned or leased by the state of Utah.
  14. “Story” means that portion of a building included between the surface of any floor and surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling above it.
  15. “Street” means a thoroughfare that has been dedicated to the public and accepted by proper public authority, or a thoroughfare not less than twenty-six (26) feet wide, which has become a public thoroughfare by right of use and which affords the principal means of access to abutting property. Easements and walkways shall not be considered as “streets” for the purpose of this title. “Streets” include public rights-of-way, including highways, avenues, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and other ways.
  16. “Street access” means a street that serves a small number of dwellings and usually does not allow through traffic.
  17. “Structural alterations” means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.
  18. “Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
  19. “Structure, subgrade” means any structure which:
  20. Is located primarily below natural grade;
  21. Does not extend more than two and one-half feet, at any point, above natural grade;
  22. Is completely covered with a minimum of six inches of soil capable of supporting vegetation on its horizontal surface where required by the landscaping provisions of the respective zone in which it is located;
  23. Is decoratively finished on any vertical surface not completely covered with soil;
  24. When within a required front or street side yard, is located entirely beneath a finish grade which:
  25. Does not exceed a twenty-five (25) percent slope; and
  26. Does not extend more than two and one-half feet above the natural grade at any point; and
  27. Is the same as the natural grade along any property line.
  28. Subgrade structures are not subject to lot coverage or setback provisions of this title, provided they have sufficient soil coverage, as defined herein, and fully meet the landscaping requirements set forth in the provisions of any respective zoning district.
  29. “Subdivider” means a person who:
  30. having an interest in land, and causes it, directly or indirectly, to be divided into a subdivision.
  31. 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.
  32. engages directly, or through an agent, in the business of selling, leasing, developing or offering for sale, lease or development a subdivision; or
  33. is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.
  34. “Subdivision” means:
  35. Any land that is divided, re-subdivided or proposed to be divided into two or more lots, parcels, sites, units, plots or other division of land for the purpose, whether immediate or future, of offer, sale, lease or development either on the installment plan or upon any and all other plans, terms and conditions.
  36. “Subdivision” includes:
  37. The division or development of land, whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument; and
  38. Except as provided in subsection C of this definition, divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.
  39. “Subdivision” does not include:
  40. 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 zoning ordinance;
  41. A recorded agreement between owners of adjoining properties adjusting their mutual boundary if:
  42. No new lot is created; and
  43. The adjustment does not result in a violation of applicable zoning ordinances; or
  44. A recorded document, executed by the owner of record, revising the legal description of more than one contiguous parcel of property into one legal description encompassing all such parcels of property.
  45. The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a “subdivision” under this definition as to the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality’s subdivision ordinance.
  46. “Subdivision, cluster" means a subdivision of land in which the lots have areas less than the minimum lot area of the district in which the subdivision is located, but which complies with the cluster subdivision provisions of this title and in which a significant part of the land is privately reserved or dedicated as permanent common open space to provide low-density character for the residential lots in the subdivision.
  47. “Subdivision, major” means all subdivision of three (3) or more lots, or any size subdivision requiring any new street or extension of municipal facilities, or the creation of any public improvements, and not in conflict with any provision or portion of the General Plan, official zoning map and streets master plan, or these regulations.
  48. “Subdivision, minor” means any subdivision containing less than three (3) lots that may require the recordation of a plat and all or part of the development requirement of a major subdivision, and not in conflict with any provision or portion of the general plan, official zoning map, streets master plan or these regulations.
  49. “Subdivision plat” means the final map or drawing, on which the applicant’s plan of a subdivision is presented to the City Council for approval and which, if approved, may be submitted to the County Recorder for filing.
  50. “Subdivision, single lot split” means any division of property into two separate lots fronting on an existing street, not involving any new street, or the extension of municipal facilities, or the creation of any public improvements and adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision of the General Plan, official land use map, streets master plan or these regulations. Subdivisions qualifying as a single lot split are exempt from the plat requirement but will require a recordable survey.
  51. “Subgrade” means either the soil prepared and compacted to support a structure or a pavement system, or the elevation of the bottom of the trench in which utilities are laid.
  52. “Substandard housing” means residential dwellings that, because of their physical condition, do not provide safe and sanitary housing.
  53. “Substantial change in land use” means either:
  54. a change in land use or site design that increases the intensity of land use;
  55. a change in land use or site design that creates or increases incompatibility of adjacent land uses; or
  56. an increase in the total floor area of multiple-family dwellings or nonresidential buildings which results in increased traffic.
  57. “Substantial enlargement of a sexually oriented business” means an increase in the floor area or wall area occupied by the business by more than fifteen percent (15%), as the floor area and wall area exist on the effective date hereof.
  58. “Substantial improvement” means any combination of repairs, reconstruction or improvement of a structure, where the improvement creates additional enclosed space that contains equipment or utilities relative to the primary structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any development for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Place.
  59. “Temporary” means a single period or an accumulation of periods not exceeding ninety (90) consecutive days in any 365-day period unless further restricted
  60. “Tiny house” means a residential structure under 400 square feet.
  61. “Topographic (TOPO) map” means a graphic representation of natural and man-made features of a place or region in such a way to show their relative positions and elevations.
  62. “Townhouse or Rrowhouse” means a dwelling unit located on an individual lot and attached by at least one (1) but not more than two (2) party wall(s) along fifty percent (50%) of the maximum depth of the unit, to one (1) or more other dwelling units; has a continuous foundation; each on its own lot, with said party wall(s) being centered on the common property line(s) between adjacent lots.
  63. “Transfer of ownership or control of a sexually oriented business” means and includes any of the following:
  64. The sale, lease, or sublease of the business.
  65. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange or similar means.
  66. The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for the transfer by bequest or other operation of law up to the death of a person possessing the ownership or control.
  67. “Travel trailer or recreation vehicle” means a vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation uses, which is not more than eight (8) feet wide and is less than (30) feet long.
  68. “Travel trailer and recreation vehicle park” means any area where one or more trailer lots are rented for a relatively short-term occupancy to users of travel trailers or camp cars.
  69. “Twin home” shall mean a two-unit dwelling where two units are attached by a common wall centered over a property line. Twin homes definition includes duplex conversion. In a twin home each dwelling unit can have separate owners.
  70. “Undevelopable” means specific areas where topographic, geologic, and/or soil conditions indicate a significant danger to future occupants and a liability to the city or county are designated as “undevelopable” by the County or City.
  71. “Unnecessary hardship” means the circumstances where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of considering the purposes of this ordinance.
  72. “Use” means the purpose for which premises or a building therein is designed, arranged or intended, or for which it is or may be occupied or maintained.
  73. “Utilities” mean and include natural gas, electric power, cable television, telephone, storm system, sewer (future), culinary water and other services deemed to be of a public-utility nature by the City.
  74. “Utility board” means review board, consisting of city officials and citizens volunteers, which meets at least monthly to assess utility needs and availability, review utility policies and contracts and conduct other recommendations to the city council for utility department business.
  75. “Utility easement” means the area designated for access to construct or maintain utilities on privately or publicly owned land.
  76. “Valid” means a development order or other authorization which was legally issued, and that has not expired, lapsed, or been abandoned, revoked, or canceled; or is not subject to such by the passage of time or the conduct of the owner or developer, and which or for which all conditions of approval are satisfied that must be satisfied by the terms or conditions of approval.
  77. “Variance” means a reasonable deviation from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure under this title.
  78. “Vehicle, abandoned” or “abandoned vehicle” means a vehicle, licensed or unlicensed, that is left unattended on public property for a period of time in excess of seventy-two (72) hours.
  79. “Vehicle, wrecked” or “wrecked vehicle” means a vehicle that is inoperable due to a crash or collision with any other object.
  80. “Vested” means having an unquestionable right to the possession of property or privilege.
  81. “Veterinary clinic” means a location for treatment of small or large animals. Animals may be kept overnight or for short periods of time for treatment.
  82. “Vicinity map” means a map showing project locations relative to Roosevelt City boundaries, major roads and minor roads that serve the property.
  83. “Viewshed” means the area within view from a defined observation point.
  84. “Walkway” means a right-of-way to facilitate pedestrian access through a subdivision block, designed for use by pedestrians and not for use by motor vehicles; may be located within or without a street right-of-way, at grade, or separated from vehicular traffic.
  85. “Water source protection zone” means the minimum distance required by Central Utah Public Health Department. (see figure below)

  1. “Water supply system (water supply facility, water system, or water facility)” means any or all works and auxiliaries for collection, treatment, storage and distribution of water from the source or sources of supply to the consumer or processing plants.
  2. “Warehouse” means a building or premises in which goods, merchandise or equipment are stored for eventual distribution.
  3. “Wholesale” means the sale of goods to a person or company who may sell products to the ultimate consumer. Includes sale of products in bulk for further repackaging.
  4. “Work” means all required construction as shown on approved construction plans and specifications for all facilities and features of any kind which are required, related to the process of subdivision of land.
  5. “Xeriscaping” means landscaping with slow-growing, drought tolerant plants to conserve water and reduce yard trimmings.
  6. “Yard” means a required open space on a lot, other than a court, unoccupied and unobstructed from the ground upwards except as permitted elsewhere in this title.

  1. “Yard, front” means a 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.
  2. “Yard, rear” means a space on the same lot with a building, between the rear line of the building and the rear lot line 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 building.
  3. “Yard, side” means a space on the same lot with a building, between the side line of the building, and the side lot line 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 side line of the building.
  4. “Zero lot line home” means the use of a lot for one (1) detached dwelling unit with at least one (1) wall, but not more than two (2) walls or a portion thereof, located directly adjacent to a side lot line, excluding a mobile home but including a manufactured building.
  5. “Zone” means a portion of the territory of the local jurisdiction established as a zoning district by this title, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title; also includes “zoning district.”
  6. “Zoning Administrator” means the local official designated to enforce the regulations of this title; the zoning administrator may also be the building inspector.
  7. “Zoning map” means a map, also known as a land use map, adopted as a part of the land use ordinance that depicts land use zones, overlays, or districts.
  8. “Zoning ordinance” means the land use ordinance of the local jurisdiction.

(Ord. 2018-421 (part): Ord. 2018-417 § 1; Ord. 2016-398 §1(A, B); Ord. 2011-366 § 1 (part): amended during 1996 codification; amended by planning and zoning department 11-15-95; Ord. 79-101 § 1-6. Formerly 17.04.060, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

R17.01.180 (Reserved)

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-374 §§ 1, 2, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024