It is the intent of this section to more fully set forth the meaning of certain terms and phrases utilized within this land use ordinance or to differentiate the term from other terms which may or may not be used in this land use ordinance.

"Accessory Dwelling Unit" A habitable one-Family Dwelling unit added to, created within, or detached from, a primary one-Family Dwelling or farm caretaker Dwelling and contained on a single Lot or Parcel.

1. “Attached Accessory Dwelling Unit” An accessory Dwelling unit added to a one-Family Dwelling or farm caretaker Dwelling which is not required to be within the footprint of the primary Dwelling.
2. “Detached Accessory Dwelling Unit” An accessory Dwelling unit which is not connected to the primary Dwelling.
3. “Internal Accessory Dwelling Unit” An accessory Dwelling unit as defined under Utah Code 17-27a-526 as amended.

“Adjacent Lot or Parcel” Land touching along a common side or so close in proximity as to be separated only by the width of a Road, canal, railroad track, or similar right-of-way.

"Administrative Agency" The Zoning Administrator and his/her associated staff members (excluding the appointed Planning Commission).

"Administrative Land Use Authority" A Land Use Authority as defined under Utah Code § 17- 27a-604.1. and as designated by this land use ordinance.

"Administrative Officer" The Zoning Administrator or any of his/her duly appointed designees.

"Adult Day Care Facility" A facility that furnishes nonresidential care and supervision for three (3) or more adults for at least four but less than 24 hours a day through a comprehensive program that provides a variety of health, social, recreational, and related support services in a protective setting.

"Affected Entity" Any entity as defined under Utah Code § 17-27a-103, as amended.

"Agriculture Business" An enterprise involving agricultural products as opposed to agricultural production.

"Agriculture Production" Land used for the growing and production of crops such as grain, foliage, and fruit, and land used for feedlots or other confined conditions for the raising of Livestock or poultry. This definition shall also include any land designated as prime farmland as depicted on the most recent version of a soil survey map from the U. S. Department of Agricultural Natural Resource Conservation Service or any successor agency.

"Agricultural Equipment" Equipment used for the primary purpose of farming or ranching.

"Agricultural Vehicle" A Vehicle that meets one of the following definitions:

1. Farm Vehicle - Truck which complies with the requirements of Utah Code § 41, Motor Vehicles Act, for registration as a farm Vehicle and displays a current farm Vehicle license plate which is used exclusively to transport farm products or supplies.
2. A Vehicle or semi-tractor and attached trailer which complies with the requirements of Utah Code § 41, Motor Vehicle Act, for registration and licensing and which the primary use is for transporting Livestock, harvested crops, farm supplies, feed, and other agricultural products.

"Agritourism" The travel or visit by the general public to a working farm, ranch, or other agricultural operation for the enjoyment of, education about, or participation in the activities of the farm, ranch, or other agricultural operation.

"Agritourism Activity" An educational or recreational activity that:

1. takes place on a farm or ranch; and
2. to guarantee legitimacy and viability, the Parcels designated as the location of the agritourism activity shall have qualified under the Farmland Assessment Act; and
3. allows an individual to tour, explore, observe, learn about, participate in, or be entertained by an aspect of agricultural operations.

“Airport” Any public or private facility as defined under Utah Code 72-10-401 as amended. “Airport Influence Area” Area or land as defined under Utah Code 72-10-401 as amended. “Airport Overlay Zone” A secondary zoning district as defined under Utah Code 72-10-401 as amended. In application of this land use ordinance, it shall refer to the Airport Overlay (APO) Zone.

"Appeal Authority" The person, board, commission, agency, or other body designated by this ordinance to decide an appeal of a decision of a Land Use Application or a variance.

"Area of Deformation (Zone of Deformation)" The zone along a Fault in which natural soil and rock are disturbed as a result of movement along the Fault.

"Area of Shallow Flooding" A location designated by the symbols AO or VO on the FIRM; it has the following characteristics: a Flood depth that ranges from one to three feet, no clearly defined channel, a path of Flooding that is unpredictable and indeterminate, and some flow that may be evident.

"Area of Special Flood Hazard" The land in the unincorporated area of Utah County subject to a one percent (1%) chance of Flooding in any given year.

"Assisted Living Facility" A residential facility, licensed by the State of Utah as an “Assisted Living Facility”, with a home-like setting that provides an array of coordinated supportive personal and health care services, available twenty-four (24) hours per day, to residents who have been assessed under Utah Department of Health or Utah Department of Human Services rules to need any of these services. Each resident shall have a service plan based on the assessment, which may include:

1. specified services of intermittent nursing care;
2. administration of medication; or
3. supportive services promoting resident(s) independence and self-sufficiency.

"Avalanche" A mass of snow sliding, tumbling, or flowing down an inclined surface that may contain rocks, soil, or ice; includes both wet and dry snow avalanches.

"Base Flood" Means the Flood having a one percent (1%) chance of being equaled or exceeded in any given year.

"Billboard" See “Sign, Non-Accessory”.

“Biogas Processing Facility” A facility for the conversion of locally-produced landfill, agricultural, or digester biogas into biomethane for use as Renewable Natural Gas (RNG) and beneficial products.

"Boarder" A person living in a rented room in a boarding house. The boarding house operator, or a member of his or her immediate Family who resides on the premises with the operator, shall not be deemed a boarder.

"Boarding House" A building or portion thereof operated by a person residing on the premises where, for compensation, rooms are rented together with meals for not more than fifteen (15) boarders who generally do not directly utilize kitchen facilities. “Compensation” shall include money, services or any other thing of value. A boarding house does not include any non-residential facility, such as a treatment facility, where the primary purpose of the facility is to deliver rehabilitation, treatment, counseling, medical, protective or other similar services to the occupants thereof. "Bond" Includes any of the following:

1. A corporate surety bond from a surety company that is licensed to do business in Utah, that is listed in “A.M. Best’s Key Rating Guide” at a rating of A- or better or a Financial Performance Rating (FAR) of 8 or better, according to the “A.M. Best’s Guide”. All surety companies also will be continuously listed in the current issue of the U.S. Department of the Treasury Circular 570.
2. An irrevocable letter of credit issued by a bank organized to do business in the United States.

“Boundary Adjustment” has the same meaning as defined in Utah Code 17-27a-103, as amended.

1. “Simple Boundary Adjustment” has the same meaning as defined in Utah Code 17-27a-103, as amended.
2. “Full Boundary Adjustment” has the same meaning as defined in Utah Code 17-27a-103, as amended.

"Building" A permanently located Structure, including but not limited to Dwelling units, designed, intended or used for occupancy by any person or for storage of property of any kind.

"Building, Main" The largest building (by volume) on a Lot. Exception: In a Residential Zone, main building shall always mean the largest building containing a Dwelling.

"Campground and Campsite Facility, Noncommercial" A location where noncommercial camping occurs which has one or more Recreational Vehicle pads or tent, or other membrane-covered frame Structure, sites established on the premise. Also, subject to the limitations for noncommercial minor campgrounds, a noncommercial campground may include one (1) or more of the following ancillary facilities: automobile Parking Spaces, driveways, tables, culinary water, electrical lights, electrical hookups, fire pits or fireplaces, play fields and outdoor recreational facilities, pavilions (roofed Structure open on all sides) and restrooms or other sewage disposal facilities. This definition shall not include the use of the land for the parking or storage of tents, trailers or other Recreational Vehicles for a period of more than 45 days in any calendar year, except for qualifying Remote Yurts.

1. Noncommercial Minor Campground. A noncommercial campground having a combined total of not more than nine (9) Recreational Vehicle pads, and/or tent, or other membrane-covered frame Structure, sites. Ancillary campsite facilities in a minor campground may not include more than one (1) pavilion, not greater than 300 square feet in area (measured at the roof eave line), and may not include play fields or outdoor recreational facilities.
2. Noncommercial Major Campground. A noncommercial campground having a combined total of more than nine (9) Recreational Vehicle pads and/or tent sites.

"Camping" A recreational or temporary activity occurring on a Lot or Parcel or within a campsite of a commercial campground or major noncommercial campground (less than 45 days per calendar year) which involves staying overnight in the open, in a tent or other membrane-covered frame Structure, including Remote Yurts, or in a trailer, camper, or other Recreational Vehicle.

"Commercial Day Care Center" A building along with ancillary playground facilities wherein care and supervision are provided by to minor children in lieu of care ordinarily provided by a parent in the parent’s home, between the hours of 5:00 a.m. and 10:00 p.m. only, for direct or indirect compensation.

"Common Area" An area designed to serve two (2) or more Dwelling units in separate ownership. In a planned Subdivision, Common Area shall refer to the land which is designed and intended for the common use or enjoyment of the residents of the Development and may include such common Structures and facilities as playgrounds, parks, recreational areas, tot lots, trails, walking paths, pavilions, restrooms, pools, club houses, equestrian facilities, and sports fields.

"Community Correctional Facility" A facility licensed by or contracted by the State of Utah to provide temporary occupancy for previously incarcerated persons which assists such persons in making a transition from a correctional institution environment to independent living. Such facility may also provide ancillary, temporary occupancy for individuals placed as part of, or in lieu of confinement rehabilitation, or treatment in a correctional institution.

"Conditional Use" A land use that, because of its unique characteristics or potential impact on the county, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. To be deemed a “conditional use”, the use shall be specifically listed in a zone along with the requirement that the County Commission, or Planning Commission review and approve the use before the Zoning Administrator may issue a permit therefor.

"Condominium" 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, as defined under the Utah Condominium Ownership Act.

"Convenience Establishments" Establishments which are designed and intended to serve the daily or frequent trade or service needs of the surrounding residents, visitors, or vacationers. Such establishments include gasoline vending stations; grocery, variety, drug, sporting goods, and camera stores; curio shops; coin-operated laundry and dry-cleaning establishments; beauty and barber shops; and other cognate establishments or combination thereof; but such establishments do not include repair garages, automobile sales Yards, wholesale establishments, and other enterprises which sell goods and services that are not used almost exclusively by surrounding residents.

"Correctional Facility" A prison, Jail, Juvenile Detention Facility or Juvenile Secure Facility.

"Correctional Institution" A government owned and operated institution for the Court ordered, twenty-four hour, involuntary, secure confinement of adults and juveniles in Jails, prisons, detention centers, secure confinement centers, etc., for criminal conduct or conduct which would be a crime if committed by an adult.

"County Commission" County Commission shall mean the County Executive and Legislative Body of Utah County, Utah.

"County Engineer" County Engineer shall mean the Utah County Public Works Director or any of his/her duly appointed designees.

“County Utility Easement” has the same meaning as defined in Utah Code 17-27a-103, as amended.

"Critical Acceleration" The minimum amount of ground acceleration during seismically induced ground movement required to induce liquefaction or other forms of ground disruption.

"Critical Angle of Repose" The maximum Slope or angle at which material such as soil or loose rock remain stable.

"Critical Facilities" Communication, utility and transportation lines (including their appurtenant Structures which are essential to make the system function, such as switching stations, transformers and monitoring gauge houses); emergency facilities such as fire stations, police stations, ambulance facilities, emergency and government utility Vehicle shelters and garages, and Hospitals; unique or large Structures or land uses (including appurtenant Structures and facilities) whose failure might be catastrophic, such as reservoirs, canals, dams holding over ten (10) acre feet of water, water tanks, petroleum refineries, and buildings where hazardous materials, as per the currently adopted building and fire codes, are manufactured, stored or handled; high occupancy buildings which are designed to accommodate 50 or more people, such as Schools, Hotels and Offices; government communication centers and other facilities required for emergency response.

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

“Customary Business Practices” A method, procedure, process, or rule used in a particular field or profession routinely found in the marketplace for commercial products and serves.

"Debris Flow" A mass of rock fragments, soil, and mud which, when wet, moves in a flow-like fashion. Debris Flows will follow a confined channel, but may alter course if present on an alluvial/debris fan surface.

"Density" The term Density shall mean the number of Dwelling units or sleeping rooms per acre of land.

"Development" Development shall be construed to include any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other Structures, mining, dredging, Filling, grading, paving, excavation, drilling operations, storage of equipment or materials, or landscaping.

"Development Credit" A right or entitlement to construct a Dwelling unit or its equivalent, which may be transferred and used within another zone or situation, where specifically authorized under the provisions of this land use ordinance.

"Disability" Any Disability as defined under Utah Code § 17-27a-103, as amended.

“Dog” means a Canis familiaris of any sex, altered, or unaltered, or any other member of the Canis genus if owned or kept

1. “Adult Dog” Any Dog 6-months of age or older.
2. “Puppy” A Dog under the age of 6-months.

"Domestic Staff" Persons employed or residing on the premises of a Dwelling or other residential facility to perform domestic services or to assist residents in performing daily life activities.

"Dude Ranch" An actively operating Livestock ranch that provides, as an accessory use to the principal Livestock ranching operation, opportunities for the guests to participate in activities commonly associated with the ranching operation, and multi-night accommodations for guests, together with on-site dining and/or assembly facilities, barns, corrals, pastures, and Livestock related to an actively operating Livestock ranch operation. Dude Ranches are subject to the additional requirements of this land use ordinance.

"Dwelling" A building of Residence or sleeping including, but not limited to, the following mutually exclusive types: conventional Dwellings or mobile homes.

1. Conventional Dwelling: A Residence constructed on site, or moved on and permanently attached to the foundation or site, which meets the building, mechanical, plumbing, electrical and other codes of Utah County as such codes existed at the time the Residence was placed on the site.
2. Manufactured Home (Mobile Home): A vehicular, portable Structure built on a chassis and designed so it may be used without a permanent foundation as a Dwelling when connected to water, sewage and electric facilities, which meets the HUD Federal construction and safety standards for manufactured homes, and which contains one (1) Dwelling unit.
3. Dwelling, One-Family: A detached conventional Dwelling (as distinguished from a manufactured home) which contains only one (1) Dwelling unit to be occupied by one (1) Family.
4. Dwelling, Two-Family (Duplex): A conventional Dwelling containing two (2) Dwelling units, each to be occupied by one (1) Family.
5. Dwelling, Multiple-Family: A conventional Dwelling containing three (3) or more Dwelling units, each to be occupied by one (1) Family.
6. Dwelling, Caretaker’s: A Dwelling which is occupied by an individual or Family whose function is to operate, manage, or protect a business, or industry.
7. Dwelling Unit: One (1) or more rooms in a building or portion thereof designed, occupied or intended as a Residence for a Family with complete and independent facilities for living, sleeping, eating, cooking and sanitation provided within the Dwelling unit. All habitable spaces within a Dwelling unit shall maintain common interior access.
8. Parsonage: A single Dwelling unit on the same Lot as a church building for the minister or caretaker of the church and may be located either inside the church building itself or in a separate building.
9. Farm Caretaker Dwelling: A Dwelling located on the farm property for which the occupant provides farm caretaker services, and from which caretaker services the occupant derives more than 50% of his/her income.
10. “Primary Dwelling” A One-Family Dwelling that is detached and is occupied as the primary Residence of the owner of record or an approved farm caretaker Dwelling.
    

"Electric Power Transmission (Distribution) Lines" Cables, poles, insulators, and facilities and equipment erected for the purpose of transmitting electric energy.

"Electrical Power Generation Plant" Facility that generates electricity from primary energy for the primary purpose of distribution and/or wholesale or Retail sales of generated electricity.

"Engineering Geology" The application of geological data and principles to engineering problems dealing with naturally occurring rock and soil for the purposes of assuring that geological factors are recognized and adequately interpreted in engineering practice.

"Equine" Relating to or affecting horses or other members of the horse family.

"Equine Reproduction and/or Rehabilitation Facility" A facility which may include Structures and designated outside areas for the purpose of providing Equine reproduction and/or rehabilitation procedures.

"Existing Manufactured Home Park or Subdivision" A manufactured home park or Subdivision for which the construction of facilities for servicing the Lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the Flood plain management regulations adopted by a community.

"Expansion of Existing Manufactured Home Park or Subdivision" The preparation of additional sites by the construction of facilities for servicing the Lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) for Existing Manufactured Home Park or Subdivision.

"Family" Any one of the following who occupy a Dwelling unit:

1. One person living alone;
2. Two (2) or more persons all of whom are related to one designated occupant of the Dwelling by blood, marriage, adoption, or legal custody and not more than two (2) unrelated individuals, living together in a single Dwelling unit and maintaining a common household;
3. Not more than four (4) unrelated persons living together in a single Dwelling unit and maintaining a common household.

Related by blood, marriage or adoption within the definition of "family" means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild, to include the half as well as the whole blood.

"Farmers Market" A location with one (1) or more farm-based Retail food stores from which the food producers sell exclusively to the food consumers, fruit, vegetables, eggs, or other unprocessed farm products. It does not include the display or sale of manufactured items.

"Fault" A fracture in the earth’s crust forming a boundary between rock or soil masses that have moved relative to each other.

1. Active Fault: A type of Fault displaying evidence of displacement during Holocene time (within the previous 10,000 years).
2. Fault Trace: The intersection of the plane of the Fault with the ground surface.
3. Fault Zone: A corridor of variable width along one or more Fault traces in which the land surface has been deformed by movement along the Fault.
   

“Feed Yard” Any facility or Structure in which domestic Livestock or fowl are stabled or confined and fed and maintained which does not meet the definition of a “Large Concentrated Animal Feeding Operation”.

"Fences" A Structure composed of vertical supporting posts which hold cross wires or cross rails, wire mesh, or stringers with attached wooden, metal or plastic slats or other fabricated Fence panels.

1. Sight-obscuring Fence: A Fence, its gates or other required openings, that obscures vision through it at any point along the Fence to the extent that a person standing on the outside of the Fence cannot determine, from view, the identity of items which could be located behind the Fence.
2. Any Fence greater in height than six (6) feet above natural grade must obtain a Utah County building permit or a Utah County Zoning Compliance permit.
3. A Fence shall not be constructed of materials that, when manufactured, were not designed for use in Fence construction, including, by way of illustration only and not by way of limitation, tires, automobile bodies or parts, hay bales, wooden pallets, metal storage containers, and similar materials.

"Fill" Material brought onto a Lot or Parcel of land which shall:

1. not include junk, debris, salvage or metal scrap, waste, garbage, an organic, frozen or other deleterious materials, and no rock or similar irreducible material greater than 12 inches in any dimension;
2. conform to a plan for Fill which has been approved by the County Engineer, which includes the following:
   1. the extent of the Fill area;
   2. finished grades and elevations;
   3. methods to prevent the Fill material from being removed from the site by wind, Slope or erosion;
3. not be left in a condition which does not comply with the approved plan; and
4. for which applicant has obtained any applicable Utah County Land Disturbance Permit or applicable building permit.

"Flood or Flooding" A general and temporary condition of partial or complete inundation of normally dry land area from the overflow of inland waters, and/or the unusual and rapid accumulation or runoff of surface waters from any source.

"Flood Channel" A natural or artificial water course with a definite bed and banks to confine and conduct Flood water.

"Flood Elevation Study" An examination, evaluation, and determination of Flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e. mudflow) and/or Flood-related erosion hazards.

"Flood Insurance Rate Map or FIRM" The publication entitled “FIRM Flood Insurance Rate Map, Utah County, Utah,” wherein the Federal Insurance Administration has delineated the areas of special Flood hazards and risk premium zones in Utah County. It is an official map of the community on which the Administration has delineated both the special hazard areas and the risk premium zones applicable to the community.

"Flood Insurance Study" The most current official report provided by the Federal Insurance Administration entitled “Flood Insurance Study, Utah County, Utah, Unincorporated Areas” wherein Flood profiles, a flood boundary-Floodway Map, and the water surface elevation of the base Flood are contained. (See “Flood Elevation Study.”)

“Floodplain Administrator” The Utah County Engineer or any of his/her duly appointed designees.

"Floodway" The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base Flood without cumulatively increasing the water surface elevation more than one (1) foot.

"Floodway Map" The publication entitled “Floodway Flood Boundary and Floodway Map, Utah County, Utah,” wherein the Federal Insurance Administration has delineated the boundaries of the Floodways in the unincorporated portion of Utah County.

"Floor Area" Area within a Structure enclosed by roof and walls.

“Food-Grade Oil, Used” means oil and similar by-products used in the production and preparation of food for human consumption. Typically, a byproduct of restaurants and food manufacturers. Does not include waste oil or grease used in automotive, industrial, or similar that is not safe for human consumption.

"Fraternity or Sorority House" A building occupied by and maintained exclusively for students affiliated with an academic or professional college or university or other recognized institution of higher learning, who are associated together in a Fraternity/Sorority that is officially recognized by such institution and who receive lodging and/or meals on the premises for compensation.

"Frontage" The property line of a Lot which abuts a recorded Large-scale Development private Road, a city street, county Road or state or federal highway.

"General Plan" A plan which meets the minimum requirements of Utah Code, as amended, which has been recommended by the Planning Commission and adopted by the County Commission to set forth general guidelines for the proposed future Development of land. Except as otherwise specifically provided in the General Plan, or under the Utah Code, the plan is only an advisory guide for Land Use Decisions.

"Governmental Utility Service Provider" A town, city, county, conservancy district, improvement district, or other governmental unit created or organized under any general or special law of the State of Utah that provides electric, gas, telecommunications, water, or sewer service, which provider is not subject to regulation by the Public Service Commission, or its successor entity, as a Public Utility under Utah Code § 54, as amended, or successor code.

"Graben" An area of land deformed by Fault-related activity that is bounded by at least two (2) Faults, and which is down-dropped relative to the adjacent land surfaces.

"Grade" When related to buildings, grade shall mean the average elevation of the ground adjacent to the building; when used for streets and driveways, grade shall mean the ratio of vertical distance to horizontal distance along such a street or driveway expressed in either percentage or degree.

"Grading" The excavation or removal of earth materials by mechanical means:

1. Grading, No Removal of Earth Material from Site: Grading of earth material that conforms to any applicable grading plan which has been approved by the County Engineer that includes the extent of the area to be graded, finished grade, elevations, and methods for dust control, when all graded earth material is maintained within the Lot or Parcel and not removed from the site, and for which grading the owner has obtained any applicable Utah County Land Disturbance Permit or applicable building permit.
2. Grading, Removal of Excessive Earth Material Due to Construction: When a valid Utah County Building Permit has been issued for a Structure, or a Large-scale Development plat has been approved and recorded, excessive earth materials which are required to be excavated from the approved construction or Development site to allow for the construction of the approved Structure or which are required to be excavated to allow for the construction of the approved Large-scale Development plat improvements, may be removed from the site, pursuant to a grading plan or any applicable Utah County Land Disturbance Permit which has been approved by the County Engineer that includes the extent of the area to be graded, finished grade, elevations, and methods for dust control.
   

Excavation of earth materials other than those identified in (A) or (B) above or in Small Temporary Mining Operations in conjunction with a temporary construction Yard, shall be considered an open pit mining operation and must comply with all requirements for such mining operation found in this land use ordinance and other applicable adopted codes.

"Graveled Road" A Road

1. that is graded and drained by transverse drainage systems to prevent serious impairment of the Road by surface water,
2. that has an improved surface, and
3. that has a wearing surface made of gravel, broken stone, slag, iron ore, shale, or similar surfacing material which is coarser than sand.

"Grocery Store" A permanent Retail food store which sells, primarily, food and food-related items for human use.

"Group Quarters" A Dwelling such as a lodge, dormitory, or barracks which contains a large bedroom, several sleeping rooms, or other sleeping facilities for the use of unrelated individuals or several Family members (who may or may not be related).

“High Tunnel or Hoophouse” A temporary Structure typically made of, but not limited to, piping or other material covered with translucent material for the purpose of extending the growing season and the growing, storing and selling of food or ornamental crops.

"Home Child Care" Care and supervision of children within a Dwelling by a licensed provider who resides within the Dwelling. The licensed provider must hold a current Residential Child Care certificate or a current Family Child Care license which has been issued by the State of Utah Child Care Licensing. The total number of children cared for and the total number of caregivers within the Dwelling must comply with state regulations.

"Home Occupation" A business activity conducted within a Dwelling, exclusively by Family members residing on a full-time basis (not less than ten [10] months per year) in the same Dwelling.

"Homeless Shelter" Charitable lodging or sleeping rooms provided on a daily or other temporary basis to persons lacking other safe, sanitary or affordable shelter. May also include a kitchen and cafeteria.

"Hospital" An institution licensed by the State of Utah which provides diagnostic, therapeutic, and rehabilitative services to individuals on both an inpatient and outpatient basis by or under the supervision of one (1) or more physicians. Any medical clinic or professional Office which offers any inpatient or overnight care, or operates on a twenty-four hour (24) hour basis shall be considered to be a Hospital. A Hospital may include integral support service facilities such as laboratories, outpatient units and training and central services, together with staff Offices necessary to the operation of the Hospital.

"Hotel" A facility offering transient lodging accommodations to the general public and which may provide additional services such as restaurants, meeting rooms, entertainment and recreational facilities.

"Hotel Room" Any room, or group of rooms, with common interior access (commonly referred to as a “suite”) located in a Hotel situated on a single Lot or Parcel, or two or more immediately adjacent Lots or Parcels:

1. designed and intended for temporary occupancy by visitors, guests, individuals, or Families for living and sleeping purposes on a short-term rental basis;
2. including at least one(1) bathroom for the exclusive use of the Hotel Room occupants;
3. which may or may not contain an area used or designed for the preparation of food including one or more kitchen appliances, but not including an oven operating on 220V power; and
4. that is accessible from one or more access point(s) located in a common hallway, ground-level path, sidewalk, or other walkway of any type without passing through any other Hotel Rm or Dwelling. Separate lockout rooms included as part of platted condominium units, but which may be separately rented, are not Hotel Rooms.
   

"Hunting Preserve" An area especially managed or intended for the hunting of game birds, as contrasted with a “Shooting Range.”

“Improvement completion assurance” improvement completion assurance as defined under Utah Code § 17-27a-103, as amended.

“Improvement warranty” improvement warranty as defined under Utah Code § 17-27a-103, as amended.

"Jail" A facility established and operated by Utah County, either directly or under a contract with a private provider, for confinement of persons in lawful custody.

"Juvenile Detention Facility" A facility established and operated by the State of Utah, either directly or under a contract with a private provider, for temporary detention of delinquent juveniles.

"Juvenile Secure Facility" A facility established and operated by the State of Utah, either directly or under a contract with a private provider, for incarceration of delinquent juveniles.

"Kennel": means any Lot or Parcel, building, Structure, enclosure or premises whereupon or wherein five (5) or more adult Dogs that are kept or maintained for any purpose, including boarding, breeding, buying, grooming, letting for hire, personal ownership, predator control, training for fee, and/or selling.

1. Private or Private Rescue Kennel Land or buildings used in the keeping of eight (8) Dogs, but not more than ten (10) Dogs, over six (6) months old which Dogs are owned solely by the Kennel owner who resides on the same Parcel. The private Kennel includes the sale of a maximum of four (4) litters annually.
2. Commercial or Commercial Rescue Kennel Land or buildings used in the boarding, breeding, buying, grooming, letting for hire, training for fee, or selling of eight (8) Dogs, but not more than twenty-five (25) Dogs, over six (6) months old with the Kennel owner residing on the same Parcel.

"Known Avalanche Path" The path of any avalanche, extending from the beginning of its Starting Zone and throughout its Runout Zone, which has damaged a Structure or critical facility, or impacted a Lot or Parcel of land, on or after January 1, 1970.

"Land Disturbance Permit" Permit issued by the County Engineer subject to the adopted stormwater regulations of the Utah County Code.

"Land Use Applicant" A property owner, or the property owner’s designee, who submits a Land Use Application regarding the property owner’s land.

"Land Use Application" An application that is required by this ordinance that is submitted by a Land Use Applicant to obtain a Land Use Decision. It does not include an application to enact, amend, or repeal a Land Use Regulation.

"Land Use Authority" A person, board, commission, agency, or other body designated by this ordinance to act upon a Land Use Application.

"Land Use Decision" An administrative decision of a Land Use Authority or appeal authority regarding a Land Use Permit, a Land Use Application, or the enforcement of a Land Use Regulation, Land Use Permit, or Development agreement.

"Land Use Permit" A permit issued by a Land Use Authority.

"Land Use Regulation" A legislative decision enacted by ordinance, law, code, map, resolution, specification, fee, or rule that governs the use or Development of land. It also includes the adoption or amendment of a zoning map or the text of a land use ordinance.

"Landscape Park" A Parcel of land which is developed using an aesthetically arranged combination of trees, shrubs, ground cover, or other natural vegetative material and/or incidental structural landscaping features (i.e. fountains, reflecting pools, sculpture, play apparatus, benches, and tables) and which is maintained as a place of ornamentation and recreation. "Landscape Park Recreational Facility" Play fields, buildings, Structures and landscape areas shown on the park’s approved site plan. Such facilities shall be recreational in nature, such as playground equipment, picnic pavilions, a swimming pool, a recreation center, a golf course, tennis courts or athletic fields. The facilities shall not include sleeping or living facilities, paintball courses, bicycle or ATV or motorcycle courses, nor uses that produce noise, dust or light that will unreasonably conflict with neighboring Residences, agriculture operations or businesses. "Landslide" A general term for the downslope movement of a mass of soil, surficial deposits, or rock. Landslides may be rotational or translational.

“Large Concentrated Animal Feeding Operation” Any animal feeding operation or Feed Yard as defined under Utah Code §17-27a-1101, as amended.

"Large-scale Development" A planned Subdivision, planned nonresidential Subdivision, mountain home Development, planned unit Development, or recreational resort, which has been approved by the Administrative Land Use Authority and finalized by the recording of a Large-scale Development plat with the Utah County Recorder’s Office.

"Livestock" Cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined by state code, or any other domestic animal or domestic furbearer raised or kept for profit. Dogs, cats, rats, mice and other animals typically kept as pets and/or for use in the pet trade are not considered Livestock.

"Livestock Feed Yard" An independent Livestock operation wherein the primary operation is to feed and fatten Livestock with hauled-in feed, as distinguished from a pasture, wherein local feed is utilized, or a corral, which is normally vacant but periodically used as a holding pen for Livestock, of a larger operation or system.

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

1. Lot of Record: A Lot designated on a Subdivision plat duly recorded pursuant to statute in the County Recorder’s Office or other official record. A Lot of record may or may not coincide with a zoning Lot.
2. Nonconforming Lot of Record: A Lot which does not conform to the area and/or width requirements of this ordinance for a zoning Lot, but which was shown continuously on the records of the County Clerk or Recorder as an independent Lot since before the effective date of this ordinance and which did qualify for building prior to such date. A nonconforming Lot of record that is diminished in area by the deeding and dedication of a portion of the Lot to the respective governmental entity for a federal highway, a state highway, a county Road, or a city street, if the respective governmental entity accepts the dedication, shall continue as a nonconforming Lot of record.
3. Zoning Lot: A Lot occupied by, or which is qualified to be occupied by, a building or use of land, or a group of buildings or uses, which meets all of the applicable requirements for area, buildable area, Frontage, width, Yard, Setback, Subdivision, and all other requirements set forth in this ordinance, for such use. (A Lot which is a part or Parcel in an unapproved and/or illegally recorded Subdivision shall not qualify as a zoning Lot under the terms of this definition.) A zoning Lot that is diminished in area by the deeding and dedication of a portion of the Lot to the respective governmental entity for a federal highway, a state highway, a county Road, or a city street, if the respective governmental entity accepts the dedication, shall continue as a zoning Lot if the Frontage, width of Lot, and area of Lot are not reduced below the minimum Frontage, width, and area requirements of the zone in which the Lot is located, provided that:
   1. if the dedication reduces the area of the Lot below the minimum requirements for area of the zone in which it is located, the Lot shall be considered a legal nonconforming Lot of record if the amount of the reduction in area is less than 15% of the area of the original Lot of record; and
   2. the Subdivision plat that contains the Lot is amended to indicate the new description of the Lot.

“Lot / Parcel Width” The length of a line parallel to the front property line or, in a Lot with a curved front line, perpendicular to a line running between the mid-point of the front line and the mid-point of the rear line, measured at the front Setback line.

"Marina" A facility which shall include a boat launching ramp or ramps, boat storage Structures or open storage Yards, parking areas, and mooring docks; and may include one (1) or more of the following: breakwaters; deep water channels; domestic water and sanitary facilities; security and fee Structures; facilities for rental of boats and water sport Vehicles; facilities for the sale and rental of fishing gear and supplies; facilities for the sale of marine supplies, and food concessions and vending machines.

"Migrant Agricultural Worker Housing" A Structure or manufactured home approved by the United States Department of Labor under the provisions of the Migrant & Seasonal Agricultural Worker Protection Act, for the housing of migrant agricultural workers who are employed as migrant agricultural workers by the owner of the Parcel of land upon which the housing is located and who work, during the period of occupancy, solely for said owner, in the agricultural production operation owned and operated by said owner. The owner, the facility, and the agricultural workers must comply with all requirements of the Department of Labor, and other applicable Federal, State and County requirements.

"Minor Subdivision" A planned Subdivision consisting of no more than five (5) Lots, which Subdivision has been approved by the County Commission and finalized by the recording of a Subdivision plat with the Utah County Recorder’s Office.

"Natural Hazard" A naturally occurring geologic condition or phenomenon that may present a potential danger to life and property. Natural Hazards which are treated in the NHO Zone of this ordinance are limited to surface Fault rupture, Rockfall, Landslides, and Debris Flows. Natural Hazards include the above-listed conditions even though they are aggravated or induced by man.

“Natural Slope” means a Slope which is not man made and is the predominate Slope of land in a natural condition, disregarding minor surface humps or hollows.

"New Construction" For the purposes of determining insurance rates, “New Construction” means Structures for which the “start of construction” commenced on or after the effective date of an initial FIRM [Oct. 15, 1982] or after December 31, 1974, whichever is later, and includes any subsequent improvements to such Structures. For Floodplain management purposes, “New Construction” means Structures for which the “start of construction” commenced on or after the effective date of a Flood plain management regulation adopted by the community and includes any subsequent improvements to such Structures.

"Noncomplying Structure" A Structure that legally existed before its current zoning designation, or was established as a private summer cottage located in the Recreation-Forestry District 1 as shown on the Utah County Zone Map attached to the Zoning Ordinance passed on November 16, 1942 (R-F 1 District) and such Structure was constructed prior to January 1, 1950; and, because of one (1) or more subsequent land use ordinance changes, the Structure does not conform to the Setback, height restrictions, or other regulations, excluding those regulations that govern the use of land. To qualify as “legally existing,” the Structure shall have been properly issued a permit prior to the enactment of this ordinance or, alternatively, legally built prior to November 16, 1942, when the requirement to get building permits was enacted and existed in the same form continuously thereafter.

"Nonconforming Use" A use of land that legally existed before its current land use designation, or consists of a use established as a private summer cottage located in the Recreation-Forestry District 1 as shown on the Utah County Zone Map attached to the Zoning Ordinance passed on November 16, 1942 (R-F 1 District) and such use was commenced prior to January 1, 1950; the use has been maintained continuously since the time the land use ordinance regulation governing the land changed; and, because of one (1) or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. To qualify as “legally existing,” the use shall have been properly issued a permit prior to the enactment of this ordinance or, alternatively, the use shall have been legally commenced prior to the first enactment of zoning in Utah County on November 16, 1942, and thus used continuously thereafter.

"Nursery, Plant" Buildings, land, and other Structures and facilities for the cultivation of plants for subsequent replanting or harvesting, including hydroponics operations.

"Nursing Care Facility, Nursing Home, Convalescent Home and Rest Home" An intermediate care/nursing facility or a skilled nursing facility, other than a general acute or specialty Hospital, licensed by the State of Utah, for the care of individuals who due to illness, advanced age, Disability, or impairment require assistance and/or supervision on a twenty-four hour per day basis, operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services:

1. a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services;
2. a Structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or
3. a supervised living environment that provides support, training, or assistance with individual activities of daily living.

"Office or Office Structure" A nonresidential building or portion thereof used as a work area for professional, supervisory, clerical, or accounting personnel in conjunction with a business, manufacturing facility, or resource extraction industry.

"Parcel" Any tract of real property not created by and shown on a recorded Subdivision plat lying in a solid body, which boundaries constitute a closure or purported closure as the legal description of said tract of land.

1. Parcel of Record: A Parcel shown by metes and bounds, duly recorded pursuant to statute in the County Recorder’s Office or other official record. A Parcel of record may or may not coincide with a zoning parcel.
2. Nonconforming Parcel of Record: A Parcel which does not conform to the area and/or width requirements of this ordinance for a zoning Parcel, but which was shown continuously on the records of the County Clerk or Recorder as an independent Parcel since before the effective date of this ordinance and which did qualify for building prior to such date. A nonconforming Parcel of record that is diminished in area by the deeding and dedication of a portion of the Parcel to the respective governmental entity for a federal highway, a state highway, a county Road, or a city street, if the respective governmental entity accepts the dedication, shall continue as a nonconforming Parcel of record.
3. Zoning Parcel: A Parcel occupied by, or which is qualified to be occupied by, a building or use of land, or a group of buildings or uses, which meets all of the applicable requirements for area, buildable area, Frontage, width, Yard, Setback, Subdivision, and all other requirements set forth in this ordinance, for such use. (A Parcel which is part of an unapproved and/or illegally recorded division of land shall not qualify as a zoning Parcel under the terms of this definition.) A zoning Parcel that is diminished in area by the deeding and dedication of a portion of the Parcel to the respective governmental entity for a federal highway, a state highway, a county Road, or a city street, if the respective governmental entity accepts the dedication, shall continue as a zoning Parcel if the Frontage, width of Parcel, and area of Parcel are not reduced below the minimum Frontage, width, and area requirements of the zone in which the parcel is located, provided that:
   1. if the dedication reduces the area of the Parcel below the minimum requirements for area of the zone in which it is located, the Parcel shall be considered a legal nonconforming Parcel of record if the amount of the reduction in area is less than 15% of the area of the original Parcel of record.

“Parking and Traffic Circulation Plan” a plan submitted by the applicant setting forth its plans to address anticipated parking demands and traffic circulation and control, including provisions for emergency Vehicle access, transit, and active transportation.

"Parking Space" A space not less than eighteen (18) feet in length, nor less than nine (9) feet in width; unless a Parking Space(s) of lesser length and width, is designed and approved as part of a required parking plan.

"Paved Road" A Road that has a surface covering of asphalt, concrete, or other bound-together, hard-surface paving material (not gravel, dirt or magnesium chloride).

"Pending Ordinance Change" A proposed amendment to this land use ordinance for which a notice of Public Hearing, notice of Public Meeting, or meeting agenda has been provided, and which notice or agenda identifies the general subject of the proposed amendment.

“Plan Coordinating Committee” a committee to facilitate the process of plan consideration and approval composed of representatives from any or all of the following:

• Utah County Community Development (Community Development)
• Utah County Health Department (Health Department)
• Utah County Public Works Department (Public Works Department)
• Utah County Fire Marshal’s Office (Fire Marshal)
• Utah County Attorney's Office (County Attorney)
• Utah County Recorder’s Office (Recorder’s Office)
• Any other party having pertinent information, when requested by the Zoning Administrator.

"Preponderance of Evidence" Evidence sufficient to find that a fact is more likely true than not. If evidence regarding a fact is evenly balanced, then the fact has not been proved, and the party asserting that fact has failed to establish that fact.

"Prison" A facility for incarceration of persons convicted of crimes, established and operated by the State of Utah or by a private provider pursuant to the provisions of the Private Correctional Facilities Act, Utah Code § 64-13d, as amended.

"Produce Stand" A farm-based Retail food store which sells, exclusively, unprocessed fruit, vegetables, eggs or other farm products raised on the subject Lot or farm unit. It does not include the display or sale of manufactured items nor items produced elsewhere and brought to the stand for sale.

"Protective Housing Facility" A facility operated, licensed or contracted by a governmental entity, or operated by a charitable, non-profit organization, where, for no compensation, temporary, protective housing is provided to:

1. abused or neglected children awaiting placement in foster care;
2. pregnant or parenting teens;
3. victims of sexual abuse; or
4. victims of domestic abuse.

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

"Public Meeting" A meeting that is required to be open to the public under Utah Code § 52-4, as amended, “Open and Public Meetings Act”.

"Public Park" A Landscape Park which is owned or leased by a federal or state agency, a city or town government, or county government and which is operated under the aegis of such agency or government for public use.

"Public Park Facility" A play field, building or other Structure or area located in a Public Park and shown on the park’s approved plan. Such facility shall be either recreational in nature, such as a slide, swing set, picnic pavilion, swimming pool, gymnasium, golf course, tennis court, ball field, or game room, or one of the following ancillary, non-recreational facilities: parking lot, landscaping, administrative Office, assembly area, cooking and dining area, and Retail area for the sale of goods and services consumed on the premise. Such facilities shall not include sleeping or living facilities, nor uses that produce noise, dust or light that will conflict with neighboring Residences or Retail businesses.

"Public Utility" has the same meaning as defined in Utah State Code 54-2-1

“Public Utility Easement” has the same meaning as defined in Utah State Code 54-3-27

"Reception Center" A Structure and ancillary facilities used for group social, business or Family gatherings, without overnight lodging. A Reception Center does not include sporting events or concerts.

"Recreational Vehicle" A travel trailer or motorized Vehicle (but not a mobile home) for temporary use as living quarters during travel, recreational, or vacation periods.

"Recreational Vehicle Court" An area or tract of land used to accommodate two (2) or more Recreational Vehicles or camper units for a short period of time (less than 45 days per calendar year).

“Recycling Facilities” means a facility designed to be a collection point where only recyclable materials are sorted or separated and/or temporarily stored prior to delivery to a permanent disposal site, or shipment to others for reuse, and/or processing into new products.

1. Recycling Facilities for Food Grade Oil means a site or facility that accepts, aggregates, or temporarily stores used food-grade oil collected from used food-grade oil generation sites from which the oil is transported to customers for disposal, processing, or reuse, including reuse in agricultural products.

"Remote Yurt" Any membrane-covered frame Structure as defined under Utah Code § 15A-1-204, as amended.

“Renewable Natural Gas (RNG)” A gas consisting largely of methane and other hydrocarbons derived from the decomposition of organic material in landfills, wastewater treatment facilities, and anaerobic digesters.

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

"Residential Accessory Structures" A detached independent building or Structure on the same Lot as a Dwelling, which Structure is used by the occupants of the Dwelling for a customarily incidental and Subordinate noncommercial use to a Residence; and that conforms to the definition of accessory Structure as found in the International Residential Code for One- and Two-Family Dwellings, as adopted by Utah County.

"Retail and Retail Variety Store" A store that Retails a specific product or a diversified offering of goods and products, but does not include an outside sales lot, and does not include the sale of automobiles, trailers or other Vehicles.

"Roads and Travelways"

1. Connection Road: a proposed section of Road which connects a stub Road to a public street.
2. Private Road: A Road in private or public agency ownership over which access is or can be denied to the public; a non-public thoroughfare; a driveway or fire access Road.
3. Public Street: A city street, county Road, or state Road, as defined below, which is open for general use and access by the public:
   1. City Street: A street on the official Road system of an incorporated city or town.
   2. County Road: A Road on the county system as designated on the Official County Road Map of Utah County adopted by the County Commission.
   3. State Road: A Road on the state system identified by the pertinent color and symbols (such as U-147 or US-50) on the Official County Road Map of Utah County, but excluding interstate Roads (specifically 1-15), which do not allow access to abutting property).
4. Public Thoroughfare: Any city street, county, state or interstate Road; or other Road upon which the public has a right to travel.
5. Road: A travel way passable to four wheeled, front or rear wheel drive automobiles.
6. Street, Major: A public street designated in the General Plan as a collector, arterial, or other principal thoroughfare, as distinguished from a minor street.
7. Street, Minor (Local Street): Any public street which provides access to property, which street is not shown in the General Plan as a major street.
8. Stub Road: A Road which is terminated at the boundary line of the Subdivision, but which will be required to be extended at a later date to provide access to abutting land or connecting public Road.

"Rockfall" The gravity-induced drop of a newly detached segment of bedrock or perched rock of any size from a cliff, steep Slope, cave or arch.

"Roping and Riding Arena, Commercial" A Livestock enclosure within a Structure or in an open corral, used for the training and boarding of horses, riding Schools, horse grooming, and for teaching and practicing roping, rodeo or other equestrian skills, but not including competitive events, qualifying events for any organization, events providing jackpots, monetary rewards, prizes, or gifts, events which include any participant who is not a student of the arena or any individual not allowed to practice in the arena, public rodeo events, public horse racing events, public horse jumping events, or other equestrian events. A commercial roping and riding arena (enclosed or in the open) shall not have more than a total of 49 persons, participating or nonparticipating, on the property at any time.

"Roping and Riding Arena, Private" A Livestock enclosure within a Structure or in an open corral, used by the owner or lessee of the property on which the arena is located, with not more than ten (10) invited guests of the owner or lessee of the property, for horse riding activities, using only horses owned by the owner or lessee of the property on which the arena is located, and horses owned by invited guests, but not to exceed one horse per guest.

"Runout Zone" The portion of a Known Avalanche Path where the debris came to rest due to a decrease in Slope angle, a natural obstacle, or a loss of momentum.

"Salvage Yard" A place where discarded scrap or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored; including auto wrecking Yards and Yards used to disassemble and store salvaged material; but not including Yards incidental to manufacturing operations conducted on the premises.

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

"School"

1. Preschool: A School directly funded at public expense for children under the age of six (6) for the care and instruction of children that is operated by the state or federal agency or a local School district. No overnight or sleeping accommodations, daytime only care and instruction.
2. Private Preschool: A non-public School located within a Dwelling which has three (3) or more children who:
   1. are under the age of six (6);
   2. receive instruction from an individual who has received approval from the State of Utah, Department of Human Services; and
   3. attend the School less than four (4) hours per day. No overnight or sleeping accommodations, daytime only care and instruction. This definition shall not apply to the usual activities of a Family in its Residence.
3. Primary School: A School directly funded at public expense and accredited by the State of Utah as a primary School for grades kindergarten through grade six (6). No overnight or sleeping accommodations, daytime only care and instruction.
4. Secondary School: A School directly funded at public expense and accredited by the State of Utah as a secondary School for grades seven (7) through twelve (12). No overnight or sleeping accommodations, daytime only care and instruction.
   

“Seasonal or Holiday Event” Events characterized by attractions related to the celebration of a specific season or holiday and which are temporary in nature such as corn mazes, haunted houses, haunted Yards, hayrides, winter decorations/displays and other similar gatherings. “Seasonal or Holiday Event (Existing)” An event which has previously obtained a temporary use permit for a Seasonal or Holiday Event on the same Lot or Parcel without a gap of more than two years between permits.

“Seasonal Parking” A parking requirement applicable to a recreational resort required to be maintained and available only during those periods when a Seasonal Recreational Use is operated at the recreational resort. “Seasonal Recreational Use” Any use of a recreational nature which does not operate continuously. A recreational use whose operation is dependent on the climactic conditions of a particular season or seasons, such as ski resorts, outdoor ice-skating rinks, or public beaches.

"Seasonal Sales and Services" The sale of fresh produce sold during the growing season, jerked meat, pine nuts, and seasonal recreational concessionaire services which are related to hiking, equestrian, bicycle, river and lake water activities, and public recreation areas. Seasonal Sales and Services does not include any land use that is identified in the Utah County Land Use Ordinance as a permitted or a permitted conditional use within any zoning district, or any land use or activity listed under temporary uses and Structures in chapter 8 of this land use ordinance, except those listed under Seasonal Sales and Services.

"Setback" The width of unobstructed Yard space between a specific reference point (such as a property line, Road right-of-way line, building, or watercourse) and the closest point on the nearest building or Structure.

1. Front Setback: The Setback from the property line or reference point that abuts a Road; or where the Lot abuts two (2) or more Roads or does not about any Road, the front Setback shall be the distance to the nearest property line or reference point from the wall of the building that has the primary entrance.
2. Rear Setback: The Setback on the opposite side of the Lot from the front Setback. It is measured on a line running parallel to the line used to measure the front Setback and constitutes the shortest such parallel between the rear of the building and the nearest property line or reference point.
3. The shortest distance from the edge of the Structure to the nearest property line or reference point.
4. A non-typical Setback means a Setback which has been added to a plat for an explicit reason related to topography, hazard, easement or other limitation or feature. A non-typical Setback does not include a general Setback required in the specific zone

"Shooting Range" An area especially managed, designed, and/or intended for competition shooting matches or the practice shooting of firearms at non-living targets.

"Sign" Any medium, including its Structure, which has words, letters, figures, designs, symbols, logos, illumination, or projected images. For the purposes of UCLUO 8.24, “Signs” do not include those only visible from the inside of a building or athletic field/stadium; nor do “Signs” include those held by or attached to a person.

1. Sign, Accessory: A Sign which is located on the premises, and which directs attention to a permitted use or permitted conditional use allowed in the zone and which use is currently or will imminently be conducted on the premises.
2. Sign, Attached: Words, letters, figures, designs, symbols, logos, illumination, or projected images that are attached to or part of a building.
3. Sign Face: The outer prepared surface of a Sign Structure which is designed for graphic display of information. If two Sign faces are attached to one Sign Structure, the Sign faces must oppose each other and are considered as one Sign. Where a Sign is attached, the Sign face shall be considered to be that of the smallest rectangle which encompasses all words, letters, figures, designs, symbols, logos, illumination, or projected images.
4. Sign, Non-accessory (including Billboard): A Sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than on the premises, and only incidentally on the premises, if at all.
5. Sign, Free-standing: A Sign which is not attached to or part of a building.
6. Sign, Government: A Sign that displays traffic, street name, or other information and is placed by the federal, state, or local government on public or private property or which the federal, state, or local government requires to be constructed, placed, or maintained.
7. Sign, Temporary: A Sign constructed of cloth, canvas, vinyl, paper, plywood, fabric, plastic, or other lightweight material that is neither permanently installed in the ground nor permanently affixed to a building or Structure that is permanently installed in the ground. The term “temporary Sign” includes, but is not limited to, A-frame Signs, lawn Signs, banners, inflatable Signs, and window Signs. The term “temporary Sign” does not include flags.
8. Sign, Nonconforming: Any Sign which was lawfully erected in compliance with the applicable regulations of the zoning ordinance prior to the effective date of this chapter and which fails to conform to the current standards or restrictions, the use of which has not been discontinued for longer than one (1) year.

"Slope" The average grade of the surface of land expressed in either percentage or in degrees.

"Small Temporary Mining Operation" The extraction of earth products included as part of an approved temporary construction Yard from which earth products are only used for the construction project site, and/or access Roads to the construction project site, to which the temporary construction Yard is appurtenant and to which a Utah Division of Oil Gas and Mining (DOGM) permit is not required.

"Solar Energy System" A solar collection system consisting of one or more building- and/or ground-mounted systems, solar photovoltaic cells, panels or arrays, and solar-related equipment that rely on upon solar radiation as an energy source for collection, inversion, storage, and distribution of solar energy for electricity generation. A Solar Energy System designed to produce and utilize electrical power for approved uses on a property only shall be considered an accessory use appurtenant to such approved use. This definition shall not preclude surplus electrical power generated by the Solar Energy System from being sold to an electrical utility provided such Solar Energy System is designed to only provide required electrical power for uses on the subject property. Any other Solar Energy System shall be classified as an Electrical Power Generation Plant.

"Solid Waste Disposal Site" A garbage dump, recycling center, or landfill operation utilizing solid wastes which conforms to all required County and State Health Department standards.

"Starting Zone" The portion of a Known Avalanche Path where an avalanche released.

"Stealth Telecommunications Transmission Facility" A low visual impact transmission facility including the antenna, and electrical equipment used in a wireless telephone system. To be considered low visual impact, the antenna may be co-located on an existing transmission tower, utility pole, or other existing building or Structure. The antenna shall not extend greater than ten (10) feet above the highest point of the co-location building or Structure. To utilize a Stealth Telecommunications and Transmission Facility, cellular telephone, radio, television or other microwave transmission facilities must be a permitted land use within the zone where it is to be located.

"Stormwater Pollution Protection Plan(SWPPP)" A plan that;

1. identifies all potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges from a construction or excavation site; and
2. describes practices to be used to reduce pollutants in storm water discharges from the site.

"Structure" That which is built or constructed, an edifice or building of any kind, or a piece of work artificially built up or composed of parts joined together in some definite manner. “Structure” for FEMA Flood plain management purposes includes any walled and roofed building, a gas or liquid storage tank, and a manufactured home. “Structure” for FEMA insurance coverage purposes means a walled and roofed building other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation; for the latter purpose, the term Structure includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair unless such materials are within an enclosed building on the premises.

"Subdivision" Any division of land as defined under Utah Code § 17-27a-103, as amended.

"Subdivision amendment" has the same meaning as defined under Utah Code § 17-27a-103, as amended.

"Subordinate" Secondary or lesser to a use or Structure as it relates to size, height, or distance from approved access point along frontage.

"Substantial Damage" Damage of any origin sustained by a Structure whereby the cost of restoring the Structure to its before-damage condition would equal or exceed fifty percent (50%) of the market value of the Structure before the damage occurred.

"Substantial Improvement" Any reconstruction, rehabilitation, addition or other improvement of a Structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the Structure before the “start of construction” of the improvement. This term includes Structures which have incurred “Substantial Damage,” regardless of the actual repair work performed. The term does not, however, include either:

1. any project for improvement of a Structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or,
2. any alterations of a historic Structure, designated on an official state or federal historic registry, provided that the Structure remains on said historic registry following the improvement. 157. Support Staff: Persons employed or residing on the premises of a Dwelling or other residential facility to assist residents in performing daily life activities or to provide on-site treatment, rehabilitation, or habilitation services.

"Unreasonable Hardship" A general restriction placed upon a Lot with respect to Setback or area where, by reason of exceptional narrowness, shallowness, shape, or topography of such lot, a literal enforcement of the general restrictions would result in an unfairness to the owner compared to the owners of the other Lots in the same zone and which literal enforcement would be unnecessary in order to achieve the intent of the zone.

"Vehicle" An automobile, trailer, boat or other device in which a person or object is (or has been or may be, according to the context) transported from one place to another along the ground, through the air, and/or over the water.

"Vehicle, Obsolete" Any Vehicle which lacks a current license and state registration, is not in running order without adding parts or repairs, is dismantled, is wrecked, or is abandoned. Exception to the “current license and state registration” requirement: a Vehicle which is not required under Utah State law to be registered and have a license to be operated on public Roads.

"Windmill" A Structure utilizing wind power for the pumping of water for agricultural use or for electrical power generation for a Residence and other allowed Structures and uses located on the same Parcel of property as the Residence, and located within a zone where Windmills are designated as a permitted use. This definition shall not preclude a Windmill which generates its primary electrical power for use on the premise from selling the surplus to an electrical utility provider; provided that the design of the Windmill is only to provide required electrical power for use on the subject Parcel of property (calculated on an annual usage basis), and not for commercial electrical power generation. Any other wind generated electrical power facility shall be classified as an Electrical Power Generation Plant.

"Yard" The space on the same Lot with a building, Structure, or land use, which space is unobstructed from the ground upward except for landscaping.

1. Yard, Front, Rear or Side: The Yard corresponding to the front, rear or side Setback.
2. Yard, Required: The area surrounding a building Structure, or use which is required to be left as unobstructed Yard space by the terms of this ordinance.

"Zone, Agricultural" Agricultural Zone in application of this land use ordinance shall refer to the RA-5, Residential Agricultural Zone, the A-40, Agricultural Zone, and the G-1, Grazing Zone. This definition does not apply to the General Plan land use designations.

"Zone, Residential" Residential Zone in application of this land use ordinance shall refer to the RA-5, Residential Agricultural Zone, the RR-5 Rural Residential Zone, the TR-5 Transitional Residential Zone, the CE-2 Critical Environmental Zone, and residential land uses within the PC, Goshen Valley Planned Community Zone; this definition does not apply to the General Plan land use designations.

"Zoning Administrator" The Utah County Director of Community Development or any of his/her duly appointed designees.