For the purposes of this title, the following terms and words and their derivations shall have the meaning as given herein. When inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural, and the plural the singular. "Shall" is always mandatory. Words not included herein, but which are defined in the building code shall be construed as defined therein. Words which are not included herein or in the building code shall be given their usual meaning as found in an English dictionary, unless the context of the words clearly indicates a different meaning. Definitions of words applicable particularly to certain chapters may be included in those chapters. All terms used in this title which are not specifically defined herein are to be given their usual and standard definition.

The following words shall have the described meaning when used in this title, unless a contrary meaning is apparent from the context of the word:

ABATEMENT: The repair, replacement, removal, destruction, correction or other remedy of a condition which constitutes a zoning violation by such means, in such a manner, and to such an extent as an enforcement officer determines is necessary in the interest of the general health, safety and welfare of Wasatch County inhabitants.

ACCESSORY BUILDING: A building or structure, the use of which is incidental and subordinate in size and use to the main building.

ACCESSORY USE: A use that:

1. Is customarily incidental to and found in connection with a principal or main use;
2. Is subordinate to and serves a principal or main use;
3. Is subordinate in extent, area or purpose to the principal or main use;
4. Is located on the same lot as the principal or main use; and
5. Contributes to the comfort, convenience or necessity of occupants, business or industry of the principal or main use.

AGRICULTURAL LAND FOR AGRICULTURAL PURPOSES: A tract of land which has been approved by the planning commission as a tract of agricultural land for agricultural purposes.

AGRICULTURAL PRODUCTS: Products produced by an agricultural operation, including, but not limited to, crops, fruit, juices, cider, vegetables, floriculture, herbs, forestry, husbandry, livestock and livestock products, aquaculture products and horticultural specialties.

AGRICULTURE: The act or science of cultivating the ground, the act or science of the production of plants and animals useful to man or beast; and includes gardening or horticultural fruit growing, storage and marketing. Excludes animal feeding operations.

ALTERATION: Any change or rearrangement in the supporting members of an existing structure, such as bearing walls, columns, beams, girders or interior partitions, or any change in the dimensions or configurations of the roof or exterior walls, as well as any change in doors, windows, means of ingress or egress, or any expansion or diminution of a building or structure.

ALTERED: Any change in the construction or addition to a building that increases the capacity or changes the use.

ARENA: An indoor or outdoor, public or private, commercial or noncommercial facility which is set aside for showing, training or exercising livestock.

ATHLETIC, TENNIS OR RACQUET CLUB: An establishment providing facilities for physical development, exercise, sports or recreation. Facilities may include exercise equipment, indoor and/or outdoor racquetball or tennis courts, jogging track, swimming pools, skating rink, indoor bathing, restaurant or snack bar, and sales of athletic equipment. Facilities may be open to the public for a fee, or available only to persons holding membership.

AUTO REPAIR: A building or premises used for the repair of any passenger auto, pickup truck, semitractor, recreational vehicle or similar vehicles where the repair includes, but is not limited to, the rebuilding of engines, transmissions or differentials.

AUTO WRECKING, SALVAGE YARD: See also definition of Junkyard. Any lot, portion of lot or tract of land used for the storage and keeping of salvage, including scrap metals or other scrap material, or for dismantling or demolition of automobiles or equipment, machinery or parts thereof; provided, that this definition shall not be deemed to include such uses which are clearly accessory and incidental to any agricultural use permitted in the district.

BARN/AGRICULTURAL BUILDING: An accessory structure upon a lot customarily used for the housing of animals/livestock, storage of crops or feed, and/or machinery used in bona fide agricultural activities.

BATCHING APARTMENT: A dwelling unit occupied by three (3) or more batching singles who are jointly utilizing the kitchen facilities of the dwelling unit.

BATCHING SINGLES: Three (3) or more unrelated persons who are occupying a dwelling unit.

BED AND BREAKFAST: A single-family residence occupied by an owner-operator, with no more than eight (8) bedrooms located in the main residence, providing temporary accommodations (for compensation) on a nightly basis, not to exceed thirty (30) days.

BIG BOX RETAIL: Any single retail store with a gross main floor area of over forty thousand (40,000) square feet.

BLOCK: An area of land entirely bounded by streets.

BOND: A document that complies with the standards contained in this title and the state code, and which binds the parties thereto to take certain action if particular conditions are not met.

BUILDING, ATTACHED: A building connected on one or more sides of an adjacent building by a common wall that shares at least 50% of the length and 50% of the height of the common wall, and which encloses occupiable or habitable space.

BUILDING ENVELOPE (BUILDABLE AREA): That part of a parcel of land where the construction of buildings and structures can be located typically formed by the ability to build a structure therein and comply with applicable standards, such as the required yards, setbacks, access, driveway standards, and a physical constraints inventory of a property. It may be defined on subdivision plat.

BUILDING, DETACHED: A freestanding building independent of any other building and that has open space on all sides.

BUILDING HEIGHT: The vertical distance measured from the natural grade at each face of the building wall to the highest point of the roof.

BUILDING INSPECTOR: The individual appointed by Wasatch County to enforce the provisions of the building code.

BUILDING LOT: A lot that includes a Building Right. I.E. Buildable Lot

BUILDING, MAIN: The building or buildings on a site which houses the main use.

BUILDING OFFICIAL: The Wasatch County building official.

BUILDING, PRINCIPAL: A building in which is conducted the principal use of the lot on which it is situated, and the use of which must be consistent with the permitted uses of the zone district in which it is located. In a residential zoning district, any dwelling is deemed to be the principal building on the lot on which it is situated.

BUILDING, PUBLIC: A building owned and operated or owned and intended to be operated by a public agency of the United States Of America, or the state of Utah, or any of its subdivisions, including county and municipality in connection with a public use.

BUILDING RIGHT: The right under the land use and development code to build a structure that is not solely for agricultural use. UCA 15A-1-202 (2021, as amended).

BUILDING SITE: The total area covered, or proposed to be covered, by a building, plus a twenty foot (20') strip around the exterior of the building, and, if a septic tank is to serve the building, such area as is required for normal functioning of a septic tank drainfield as determined in accordance with state and county standards.

CALIPER: A standard for trunk measurement of nursery stock, determined by measuring the diameter of the trunk six inches (6") above the ground for up to and including five inch (5") caliper size, and twelve inches (12") above the ground for larger trees.

CAMPING: A recreational or temporary activity (less than 20 consecutive days per calendar year) which involves staying overnight in the open, in tent, or a trailer, camper, or other recreational vehicle.

CANNABIS PRODUCTION ESTABLISHMENT: A cannabis cultivation facility, processing facility, or an independent cannabis testing laboratory.

CARETAKER ACCESSORY DWELLING UNIT: A living space that is either attached to or detached from the main residence or structure, and is intended for housing of a caretaker (plus immediate family) or an employee of the property owner (plus immediate family) who is caretaking, managing, or working on the subject property. Employment on the property shall be for a use that is legally recognized and approved by county zoning ordinance or official county approval (i.e., farming or ranching operations, property maintenance, employee for a permitted on site business).

CARPORT: A covered automobile parking space that is not completely enclosed by walls or doors.

CHILDCARE CENTER: A childcare facility that regularly provides custodial care for six (6) or more children during the part of any day.

CHILDCARE, HOME: A childcare facility operated on residential premises.

CHILDREN'S JUSTICE CENTER (6729 Of The Protective Functions And Related Activities): The children's justice center is a center established and operated pursuant to Utah Code Annotated title 67, chapter 5b. The purposes of the center are fully set forth in Utah Code Annotated section 67-5b-102. Some of these purposes are to conduct interviews of abused children and their families, coordinate the evaluation and treatment of abused children, protect the interest of abused children and the community and enhance community understanding of sexual and serious physical abuse of children. The children's justice center does not operate as a "safe haven" for children or adults. No overnight lodging is allowed.

CHURCH OR TEMPLE: A building, together with its accessory buildings and uses, where persons regularly assemble for worship, which building, together with its accessory buildings and uses, is maintained and controlled by a religious body.

CIVIL ENGINEER: A professional engineer registered in the state of Utah to practice in the field of civil engineering.

CLINIC, DENTAL AND MEDICAL: A building in which a group of physicians, dentists and allied professional assistants are associated for the carrying on of their professions, including a dental or medical laboratory. "Clinic" does not include inpatient care or operating rooms for major surgery.

CLUB, LIMITED MEMBERSHIP: A building or other structure constructed in accordance with a properly approved plan and used as an integral part of a park or large scale development and operated by an organized association of persons for social, fraternal, religious or patriotic purposes for the benefit of the members and guests and not for the general public, and may include eating facilities, club administrative offices, off street parking and retail establishments for the sale of goods and services consumed on the premises. It may also include auxiliary recreational facilities, such as swimming pools, gymnasiums, tennis courts and hunting preserves, but a "limited membership club" shall not include sleeping accommodations nor facilities which are open to use by the general public.

CLUSTERING: A subdivision or development design technique that concentrates the buildings or lots on a part of the site to allow the remaining land to be used for recreation, common open space and/or preservation of environmentally sensitive areas.

COLLEGE/UNIVERSITY: An independent institution of higher learning offering a course of general study.

COMMERCIAL USE: The purchase, sale or transaction involving the disposition of any article, substance, commodity or service; the maintenance or conduct of offices, professions or recreation or amusement enterprises and intended to be conducted for profit, and also including the renting of hotel rooms, business offices and sales display premises.

COMMON AMENITIES: Amenities provided for the residents of a development that are owned in common by residents of the development.

COMMON AREA: An area of common ownership of the residents designed to serve the recreational, open space or other similar needs of owners within the development and is not a commercial use. Common areas may include, but are not limited to: outdoor space, landscaping, fences, clubhouses, tennis courts, golf courses, swimming pools and other jointly used and owned space approved as part of the proposal.

COMMUNITY LOCATION: A public or private elementary or secondary school, a church, a public library, a public playground, or a public park.

COMMUNITY USE: The uses that have the primary purpose of serving the educational, recreational, religious or governmental needs of the community in general. Such uses may include churches, public and private educational institutions, private nonprofit recreation grounds, public parks, public buildings, public facilities, cemeteries and other similar uses. This definition shall not include such uses as detention facilities, halfway houses, alcohol rehabilitation centers and other similar uses.

COMPLETION DATE: The date by which a responsible person must abate or correct a zoning violation. The completion date is set by the enforcement officer in a notice of zoning violation, by a voluntary correction agreement, by a criminal citation, or by the Appeals Hearing Officer or judge in a decision, ruling or order.

CONDITIONAL USE: A land use that because of its unique characteristics, or potential impact on the county and/or surrounding neighbors or adjacent land uses, may be allowed, allowed with conditions, or denied in designated zoning districts, based on compliance with standards and criteria set forth in this title for those uses.

CONDO HOTEL: A hotel that has individual units with each unit recorded as a condominium that can be individually owned. To be considered a condo hotel, there must be a front desk on site, or on an adjacent property, common hallways for room access, professional hospitality management, and be in a professionally managed rental pool. Condo hotels shall be in one or several large buildings and from all appearances function and appear as a hotel.

CONDOMINIUM: The ownership of a single unit in a multi-unit project or structure which may be combined with an undivided interest in the common areas and facilities of the property and meeting all requirements of the condominium ownership act of the state of Utah.

CONDOMINIUM PROJECT: A project planned in accordance with the Utah condominium ownership act, including, without limitation, all units, limited common area and common area within the project.

CONSERVATION EASEMENTS: An easement voluntarily placed on property to ensure that no future development will occur. The easement will be held by a third party and maintained in perpetuity.

CONSTRAINED LAND: Property that has any number of elements identified in sections 16.27.25 and 16.28 of this title.

CONVENIENCE STORE: A building that contains less than five thousand (5,000) square feet and is primarily engaged in the provision of frequently needed, day to day retail goods, including gasoline, food and nonfood products.

CORRAL: A primary enclosure for confining livestock.

DAIRY: A farming operation for the production of milk in commercial quantities and which is regularly inspected by the state department of agriculture or its cooperating agencies. It includes the raising of the natural increase to the dairy herd, but does not include the feeding and fattening of livestock for slaughter in conjunction therewith.

DENSITY: The number of equivalent residential units per acre.

DEVELOPABLE AREA: The portion of a site or building lot that is not within any areas considered to be physically constrained and can be serviced by required infrastructure, including roads, sewer and water.

DEVELOPER: Any person or entity proposing to divide land for the purposes of selling smaller parcels, or any person or entity proposing to change or increase the use of a tract of land in Wasatch County.

DEVELOPMENT: 1. The total area of the parcel of land on which a building permit is to be issued, or the total area of property being improved. 2. The act of, processes to authorize, or results of erecting, placing, constructing, remodeling, converting, altering, relocating, or demolishing any structure or improvement to property including, grading, clearing, grubbing, mining, excavating, or filling of such property.

DEVELOPMENT REVIEW COMMITTEE: The committee created by Wasatch Code 16.27.02. Also known as DRC.

DRAINAGE DITCH: Any system of canals or ditches naturally existing or constructed to carry surface and/or subsurface water to a natural stream, whether or not the ditches or canals carry water filed upon by individuals to be used for irrigation purposes.

DRIVEWAY: A private roadway for access of vehicles to a residence, parking space, garage or other structure.

DWELLING: A building designed or used for residential occupancy, including one-family, two-family, multi-family and apartment structure; but shall not include boarding, rooming or lodging houses, tents, trailers, mobile home parks, motels, motor courts, motor lodges, cottage camps, or similar structures designed or used primarily for transient residential uses.

DWELLING, MULTIPLE-FAMILY: A dwelling or group of dwellings on one lot containing separate living units for three (3) or more families having separate or joint entrances.

DWELLING, PRIMARY: A detached single family dwelling and occupied as the primary residence of the owner of record.

DWELLING, SINGLE-FAMILY ATTACHED: A dwelling sharing a common wall or walls, but each unit being located on an individual lot including twin-homes and townhomes. To be an attached unit, the dwelling units must share a common wall this is materially structurally necessary to each of the dwelling units.

DWELLING, SINGLE-FAMILY DETACHED: A dwelling unit designed for and occupied exclusively by one family on a separate lot and not sharing any common wall. Unless context requires otherwise, a single family dwelling is assumed to be detached and is therefore required to be physically detached from any other dwelling units, and is on a separate lot.

DWELLING, TWO-FAMILY (DUPLEX): A building containing two (2) dwelling units sharing a common wall or walls and located on one lot.

DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking and sanitation.

ENFORCEMENT OFFICER: The director of the planning and zoning department, building inspector, sheriff or county attorney, or their authorized representative, or some other duly designed officer of the county that is authorized as the agent charged with the enforcement of the provision of this title.

ENGINEERING GEOLOGIST/GEOTECHNICAL ENGINEER: These terms shall have the meaning set forth in the sensitive land overlay zone in chapter 16.17 of this title.

ENVIRONMENT: The sum total of the surroundings, which includes both natural and manmade elements.

EQUIVALENT RESIDENTIAL UNITS: The number of residential equivalents to determine density based on unit type, configuration and square footage of a structure.

EXCAVATION: The mechanical removal of earth material.

EXPANSION: An increase in the size of an existing structure or use, including physical size of the property, building, parking and other improvements.

FEMA: An acronym for the federal emergency management agency.

FACADE, BUILDING: The exterior of a building located above ground and generally visible from public points of view.

FACADE, FRONT: That portion of a building that generally faces the street and/or Front Lot Line. For purposes of this definition front facade shall generally mean the front wall of the building and shall not include any porch.

FAMILY: Either: (a) an individual, (b) two (2) or more persons related by law, blood, marriage or adoption, or (c) up to three (3) persons, living together in a single dwelling unit and maintaining a common household.
FAMILY CARE HOME: A dwelling wherein room, board, care and supervision are provided by the resident family in a home setting to persons who are handicapped, mentally ill or mentally retarded and who are provided with a program of services, including training in vocational and recreational activities. To qualify, the dwelling must be approved or operated by an agency of the Utah state government.

FAMILY DAYCARE CENTER: A dwelling or place of business wherein a resident family provides ordinary care and supervision during customary daytime periods to nonrelated persons. To qualify for a daycare center, an agency of Utah state government must approve the dwelling or place of business.

FAMILY FOOD PRODUCTION: The production of food through gardening or horticulture, for the sole use of the family occupying the premises. The raising of animals or fowl is not included in this definition.

FARM: A business enterprise in which land is used for the production of food, feed or fiber.

FARM ANIMALS: Animals and fowl such as commonly used for food or fiber production, or as a beast of burden, for commercial purposes or for pleasure.

FARM INDUSTRY: The keeping and raising of farm animals and/or fowl for domestic or commercial use, such as fur farms, livestock feed yards, pig farms, dairy farms, stables, ranches and similar uses, and accessory uses thereto.

FAST FOOD EATING ESTABLISHMENT: Any establishment where foods or beverages are prepared for consumption and consumption occurs in either the building, on the premises or within a motor vehicle parked thereon, or off premises and whose operation includes one or more of the following characteristics:

1. Food or beverages are served to the occupants of a motor vehicle while seated therein (e.g., drive-through window or drive-in); and
2. Food and beverages are usually served over a general service counter for the customer to carry to a seating area within the restaurant, to a motor vehicle, or off premises.

FENCE: A structure erected to provide privacy or security that defines a private space or is used to constrain domestic animals.

FENCE, SIGHT OBSCURING: A fence that is three feet (3') or more in height that is constructed or planted in such a fashion that causes fifty percent (50%) or more opaqueness at any angle of view through such fence.

FILL: Earth material that has been deposited by artificial means.

FINAL PLAN: A plan of development showing the layout and dimensions of the streets, easements, common areas and other features of a development in accurate detail, prepared in accordance with the Wasatch County design and construction standards handbook.

FINAL PLAT: A plat or plats of a development that has been prepared for recording purposes in accordance with county standards.

FLOOD, BASE; 100-YEAR FLOOD: The flood from whatever source having a one percent (1%) chance of being equaled or exceeded in any given year, otherwise commonly referred to as the one hundred (100) year flood.

FLOOD CHANNEL: A natural or artificial watercourse with definite bed and banks to confine and conduct floodwater.

FLOODPLAIN: Zone areas (a 100-year flood area), as defined in FEMA's federal insurance rate map of Wasatch County.

FLOOR AREA: The sum of the gross horizontal area of the several floors of the building or buildings, measured from the exterior faces of the exterior walls.

FLOOR AREA RATIO (F.A.R.): The ratio or percentage computed by the floor surface area (or floor plate) of the main floor of a building, as the numerator, and the size of the building parcel, as the denominator.

FOSTER HOME: A dwelling unit where minor children, not related by blood, marriage or adoption, are cared for and furnished board and room, with or without compensation on a continuing basis.

FRATERNAL AND BENEVOLENT SOCIETY: A chartered, nonprofit social club or lodge, with or without dining facilities and cocktail lounges, composing a branch of a fraternal order, or society such as Elks, Masons, American Legion, Eagles, Optimists, Odd Fellows, Kiwanis, Rotary, and other similar nonprofit fellowship organizations which are open only to members and their duly authorized guests.

FRENCH DRAIN: A sump or trench filled with crushed rock or gravel intended to receive stormwater discharge.

FRONTAGE: The distance between the intersecting points of each side lot line with the street right-of-way line measured on a line parallel to the street or street chord, which the parcel is allowed to access. For private roads without a dedicated street right-of-way, a street line shall be determined using a 30 foot offset from the centerline of the road for the purpose of measuring frontage only. For purposes of this title, temporary turnarounds, dead ends of roadways, or emergency accesses shall not be used as frontage.

GARAGE, PRIVATE: An attached or detached building accessory to a dwelling on the premises designed or used for the storage of private passenger automobiles owned and used by the occupants of the building to which it is accessory.

GARAGE, PUBLIC: A building or portion thereof, other than a private garage, designed or used for the storing, servicing, repairing, equipping, hiring or selling of motor driven vehicles.

GARAGE, YARD SALE: The sale of personal belongings in a residential zone, which sale is conducted by a legal resident of the premises.

GASOLINE, RETAIL: A building or premises used for the sale of gasoline and limited amounts of other oil products. Such premises may also include the sale of food products.

GENERAL PLAN: A coordinated plan which has been prepared and adopted by the county for the purpose of identifying present and future needs of the county and guiding the growth and development of land within the county, or any part of the county, including uses of land for urbanization, trade, industry, residential, agricultural, wildlife habitat and other purposes.

GLAMPING: Glamorous Camping (or Glamping) means a form of camping where a hospitality company provides a form of lodging, whether in a tent or yurt, where guests can experience the positive aspects of camping without the "uncomfortable" negatives. The amenities found at glamping sites far exceed those found at a traditional camping site.

GOOD CAUSE: Providing positive benefits and mitigating negative impacts, determined on a case-by-case basis to include such things as: providing public amenities and benefits, resolving existing issues and non-conformities, addressing issues related to density, promoting excellent and sustainable design, utilizing best planning and design practices, preserving the character of the neighborhood and of Wasatch County and furthering the health, safety, and welfare of Wasatch County.

GRADE, FINISH: The finished or resulting grade of the top surface of the earth after completion of a development activity.

GRADE, NATURAL: The grade of land existing prior to any man-made alterations, such as grading, filing or excavating. When man made land disturbance has occurred, the natural grade will be estimated by interpolation between natural areas, by historic records, or by a geologist, to the maximum reliable extent practicable.

GRADING PLAN: A topographic development plan prepared by a registered civil engineer showing contours of before and after grading.

GROSS ACREAGE: The entire acreage of a site, including all constrained lands.

GROSS DENSITY: A measure of density determined by computing the total number of units on a property divided by the gross acreage.

GROSS FLOOR AREA: The sum of the gross horizontal areas of all floors of a building measured from the exterior face of exterior walls, but not including interior or exterior parking spaces, or loading space for motor vehicles.

GUEST: A person or persons staying or receiving services at a hotel, motel, rooming house, rest home, timeshare or similar use.

GUEST ACCESSORY DWELLING UNIT: Living space that is either attached to or detached from the main residence, subordinate in size and use and is intended only for housing temporary guests of the primary occupant of the main residence.

HANDICAPPED PERSON: 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 (3) 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 or coordinated to allow the person to function in, and contribute to, a residential neighborhood.

HARD SURFACE: An impermeable, dust free surface, such as concrete or asphalt. Road base does not qualify.

HIGH WATER TABLE: A condition where the groundwater is less than six feet (6') below the ground surface.

HIGH TUNNEL: A temporary agricultural structure made with a metal, plastic or wood frame typically of an arched fashion with a plastic, woven textile or other flexible covering.

HOG FARM: A tract of land and the facilities for raising and feeding swine.

HOME OCCUPATION: A nonresidential activity, conducted primarily within a dwelling unit, which is clearly incidental and secondary to the use of the dwelling for residential purposes.

HOMEOWNERS' ASSOCIATION: An incorporated nonprofit organization operating under recorded land agreements through which: a) each lot/home owner is automatically a member; and b) each lot is automatically subject to a proportionate share of the expenses for the organization's activities and interest, such as maintaining and operating open spaces, landscaping, common property or facilities.

HOSPITAL: An institution licensed by the state of Utah providing inpatient health services for human beings for inpatients, and primarily medical or surgical care of the sick or injured, and such other services and accessory uses as normally provided for its administration and operation.

HOTEL: A building containing guestrooms in which lodging is provided for compensation to transient or permanent guests, or both, and where no provision is made for cooking in the guestrooms, and in which commercial services may be provided for guests.

HOUSEHOLD PETS: Animals or fowl ordinarily permitted in the house and kept for company or pleasure and not for profit, such as dogs, cats and canaries, but not including a sufficient number of dogs to constitute a kennel. Household pets shall not include chickens or any animals that are capable of inflicting harm or discomfort, or endangering the health, safety or welfare of any person or property. The number of household pets shall be limited to that allowed by the provisions of each respective zone as set forth in this title.

ILLEGAL LOT: An illegal lot is any lot or parcel of land which was not created in conformance with the county ordinance in effect at the time the lot was recorded.

INDUSTRIAL HEMP: Means any part of a cannabis plant, whether growing or not, with a concentration of less than 0.3% tetrahydrocannabinol by dry weight.

INDUSTRIAL HEMP PRODUCER: A person possessing an industrial hemp producer license that the Utah Department of Agriculture and Food issues under the Utah Hemp and Cannabinoid Act; Utah Agricultural Code Chapter 41 (2020), as amended.

INTERNAL ACCESSORY DWELLING UNIT (IADU): means an accessory dwelling unit created:

(i) within a primary dwelling;

(ii) within the footprint of the primary dwelling at the time the internal accessory dwelling unit is created; and

(iii) is for the purpose of providing a long-term residential occupancy of 30 consecutive days or longer. In addition, for purposes of IADU's only, a primary dwelling is defined as a single family detached dwelling that is taxed as a primary residence, and is occupied by the owner of record.

JUNK: Any scrap, waste, reclaimable material or debris whether or not stored or used in conjunction with dismantling, processing, salvage, storage, disposal or other use or disposition. "Junk" includes, but is not limited to, tires, furniture, tools, paper, rags, plastics, cordage, scrap iron or other metal, glass, building materials, machinery and appliances, or parts thereof, brush, wood and lumber, solid waste, and vehicles and parts thereof.

JUNKYARD: An open area where junk, used or secondhand materials are bought, sold, exchanged, stored, processed or handled. An automobile wrecking yard or a salvage yard is also considered a "junkyard". The use of buildings used in conjunction with an operation does not exclude the operation from the definition unless the operation is wholly within the buildings and there is no outside storage.

KENNEL: An establishment having three (3) or more dogs, cats or other household pets for the purpose of boarding, breeding, buying, letting for hire, training for fee or selling.

KITCHEN: Any room or area where food is prepared or cooked and has, among other things, a gas line and/or 240v electrical line for a stove, cooktop, or oven. Wetbars or kitchenettes without any stove, oven, 240v electrical, or natural gas supply lines are not considered a kitchen. Any detached single family dwelling with a second kitchen will be treated as an IADU or a Guest ADU.

LAND USE AUTHORITY: The person, board, commission, agency or other body designated by the Wasatch County council as the final approving authority of a land use application. The land use authority, depending on the section of this title, may include, but is not limited to, the county council, the planning commission, planning staff, county manager or other county employee, board, commission, agency or body.

LANDSCAPE ARCHITECT: A professional landscape architect registered in the State of Utah to practice in the field of landscape architecture.

ANDSCAPING: The installation of plant materials (i.e., lawn, ground covers, annuals and perennial flowering plants, vines, shrubs and trees) planted directly on the property.

LIMITS OF DISTURBANCE: The area in which construction and development activity must be contained, including development and construction of the principal building and permitted accessory structures, play areas and on site septic tanks, utilities, drainage and other services.

LIVESTOCK CORRAL: A place or pen where livestock are kept as part of an agricultural or livestock operation as distinguished from a livestock feedlot.

LIVESTOCK FEEDLOT: A feeding operation on a parcel of land where livestock are conditioned for market on a year round basis and where the feed is brought to the yard, as contrasted to feed obtained through grazing the animals on the premises.

LOT AREA: The horizontal area within the exterior lines of the lot, exclusive of any area in a public or private way open to public uses.

LOT, BUILDING: A parcel of land which is of such dimensions as to comply with the minimum requirements of this title for area, width and depth applicable to the zone in which it is located, and having frontage on a public or approved private street.

LOT, CORNER: A building lot situated within a corner created by the intersecting lines of a street or streets that has frontage on two (2) sides, which street shall have an angle of intersection of not more than one hundred thirty-five (135) degrees.

LOT, DOUBLE FRONTAGE: Any building lot which has both the front and rear yard line bounded by a street. This does not normally include Corner Lots.

LOT, FLAG: A lot that does not have the required frontage on a county road or private road built to county standards. Access to the buildable portion of the lot is through a narrow private access (more narrow than the required frontage) that is contiguous and part of the lot.

LOT, INSIDE GORE SHAPED: A lot where side lot lines converge towards the rear to a point or the rear lot line width is less than half the required width for the lot in the applicable zone.

LOT, INTERIOR: Any building lot other than a corner lot.

LOT LINE, FRONT: Any street right of way line of record which forms one or more boundaries of a lot. For corner lots, double-frontage lots, or non-conforming lots with no street frontage, the front lot line shall be determined by the direction the primary structure faces.

LOT LINE, REAR: The lot line most distant from and generally opposite the front lot line. For regular lots, the term “generally opposite” means the lot line which is parallel to the front lot line. For irregular lots, the term “generally opposite” means a lot line which does not adjoin the front lot line, is located to the rear of the lot, and is more or less parallel to any portion of the front lot line.

LOT LINE, STREET SIDE, FOR CORNER LOT: That side lot line which runs along the street right-of-way line that is not the front lot line.

LOT LINE, SIDE: Those interior lines lying opposite each other, running between the front and rear lot lines.

LOT, MULTI-FRONTAGE: Any building lot, the centerline of which intersects two (2) front lot lines and which has no rear lot line.

LOT WIDTH: The distance between side lot lines measured at the required minimum front setback on a line parallel to the road or street chord.

MANUFACTURED HOME: A home or other building of new construction without attached axles or wheels, which has been assembled fully, or in part, upon another site, or in a factory, and moved to the site upon which it is to be permanently assembled by truck, timber, dolly or similar conveyance; and which is placed upon a permanent foundation in compliance with the provisions of the uniform building code.

MANUFACTURING: The assembling, altering, converting, fabricating, finishing, processing or treatment of a product or good.

MANURE: Animal or compostable waste including manure, bedding, compost, a raw material, or other material commingled with manure or set aside for disposal.

MASONRY: Stucco, brick or rock.

MEDICAL CANNABIS PHARMACY: a person that:

A. Acquires or intends to acquire medical cannabis or a cannabis product in a medicinal dosage form from a cannabis processing facility or another medical cannabis pharmacy or a medical cannabis device; or

B. Possesses medical cannabis or a medical cannabis device and sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder.

C. Sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder.

METES AND BOUNDS: The description of a lot or parcel of land by courses and distances.

MINOR AGRICULTURAL SUBDIVISION: Pursuant to Utah Code Annotated section 17-27a-605, as currently amended, the division of at least one hundred (100) contiguous acres of agricultural land to create one new lot that is separate from the remainder of the original one hundred (100) or more contiguous acres of agricultural land, is at least one acre in size, and is located at least one thousand feet (1,000') away from another minor agricultural subdivision lot created after October 1, 2009, under Utah Code Annotated section 17-27a-605.

MINOR AGRICULTURAL SUBDIVISION LOT: A lot at least one acre in size created by a minor agricultural subdivision under Utah Code Annotated section 17-27a-605(4) and subsection 16.27.04F of this title.

MOBILE HOME: A detached dwelling designed for long term occupancy and to be transported on its own wheels, or on a flatbed or other trailers or detachable wheels, and arriving at the site where it is to be occupied as a complete dwelling unit ready for occupancy except for connections to utilities and other minor work. Removal of such wheels or placing such dwelling unit on a foundation shall not remove such unit from classification as a mobile home.

MOTEL: A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel.

NET ACREAGE: The acreage of a site after roads and constrained lands are taken out.

NET DENSITY: A measure of density determined by computing the total number of units on a property and dividing it by the net acreage.

NONCONFORMING LOT OF RECORD: A lot or parcel that: a) legally existed as a lot or parcel developable as a detached single family dwelling, before its current land use or zoning designation; b) has been shown continuously to be an independently existing piece of property since its creation or since before enactment of zoning (August 11, 1965) ; c) has not decreased in size since its creation, except for lot line adjustments approved in writing by the county, as defined in Utah Code Annotated section 17-27a-103, as currently amended; and d) because of one or more subsequent land use ordinance changes does not conform with the minimum size, width, frontage, depth or other applicable dimensional requirements of the zone where the lot is located.

NONCONFORMING STRUCTURE: A structure that legally existed before its current zoning designation, and because of subsequent zoning changes does not conform to the setback, height restrictions or other regulations governing the use.

NONCONFORMING SUBDIVISION: A subdivision that lawfully existed prior to enactment of the existing subdivision standards, but does not comply with the current requirements of the zone.

NONCONFORMING USE: A use of land that legally existed before the current land use regulations, has been maintained continuously since the time the land use regulation governing the land became effective, and because of subsequent zoning changes does not conform to the land use regulations that govern the land.

NON PROFIT CONSERVATION ORGANIZATION: A nonprofit corporation, charitable trust, or other nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code, which includes the “acquisition of property or rights in property for conservation purposes” as part of its mission, as reflected in the bylaws, charter, or incorporation papers of the organization and in accordance with 16.21.06

NUISANCE STRIP: A parcel of property that does not meet the lot requirement for the zone where it is located and was created for the purpose of preventing access and utility extension to the adjacent property.

NURSERY STOCK: All living botanically classified plants or any part thereof, such as floral stock, herbaceous plants, bulbs, buds, corms, culms, roots, scions, grafts, cuttings, fruit pits, seeds of fruits, forest and ornamental trees and shrubs, berry plants, and all trees, shrubs and vines and plants collected in the wild that are grown or propagated for live sale or distribution.

OFF SITE: Pertaining to the territory outside the boundaries of a particular project.

ON SITE: Pertaining to the territory within the boundaries of a particular project.

OPEN SPACE: Land which has an open space easement or deed restriction which states the land shall not be covered by dwellings, structures, or by pavement or other impervious material, except for trails and minimal improvements which facilitate recreational use without compromising the open, undeveloped nature of the land, and only as approved by the land use authority. Monopoles and underground water tanks may be located in designated open space only if specifically authorized by the Wasatch County Code and approved in accordance with accplicable law. OVERSIZE FACILITIES: Facilities with added capacity designed to serve other property, in addition to the land within the boundaries of a residential or nonresidential development site.

PARKING LOT: An open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

PASTURE: An enclosure for animals in which no feed is provided, except that which the animals obtain by grazing.

PHYSICAL CONSTRAINTS INVENTORY: An inventory and analysis of environmental factors which may effect the potential of land development along with the identifying of critical and sensitive lands which need to be protected.

PLANNING COMMISSION: The Wasatch County planning commission.

PLANNING DIRECTOR: The director of the planning and zoning department.

PLANTING PLAN: A plan showing the location and dimensions of irrigation equipment and curbs and other protective features around the edge of the planting beds, and the location, dimensions and species of plants to be planted.

PLOT PLAN: A plat of a lot, drawn to scale, showing its actual measurements, the size and location of any existing structures and structures to be erected in the future, and showing the location of the lot in relation to abutting streets, and other such information.

PRESCHOOL, HOME: An educational facility operated on residential premises, which regularly provide an educational program for not more than twelve (12) children (including the operator's natural, adopted or foster children under 6 years of age) at any one time.

QUALIFIED CONSERVATION EASEMENT: A perpetual conservation easement, the creation of which meets all requirements for a qualified conservation contribution under 170(h) of the Internal Revenue Code.

RADIO/TELECOMMUNICATIONS TOWER: A structure intended for transmitting or receiving television, radio or telephone communications that is primarily supported by its own foundation.

RECORD OF SURVEY SUBDIVISION: A record of survey subdivision is a land partition which used a record of survey, which meets all of the elements in section 16.22.12(A).

RECREATIONAL RESORT PARK: A plot of land, designed and engineered for occupancy and use by recreational vehicles, glamping parks, and by small, overnight rental cabins.

RECREATIONAL VEHICLE: A trailer, camper or motor home designed or used for sleeping by persons while traveling, but not intended as a permanent dwelling, and not constructed for permanent attachment to public utilities.

RECREATIONAL VEHICLE PARK: An area or tract of land used to accommodate two (2) or more recreational vehicles for a seasonal period not to exceed seven (7) months, which months must be between the spring, summer, and fall months between March 15 and October 15. Recreational vehicles are to remain roadworthy during the time frame they are in the recreational vehicle park and must be removed after the time frame for the seasonal period is up.

RESIDENCE: See DWELLING; DWELLING UNIT.

RESIDENTIAL FACILITY FOR ELDERLY PERSONS: A single-family or multiple-family dwelling unit that is not a business and offers primary care to a limited number of nonrelated elderly persons.

RESPONSIBLE PERSON: The person who commits a zoning violation under this title and who includes the property owner and any person, whether as owner, agent or occupant, who commits, aids in committing, contributes to, causes, supports, retains or permits a zoning violation upon property in the county, and includes, but is not limited to, the owner, agent, lessor, lessee or other person entitled to control, use and/or occupy the property where a zoning violation occurs. Every successive owner or tenant of a property or premises who fails to correct a zoning violation upon or in the use of such property or premises caused by a former owner or tenant is also a responsible person. In cases where there is more than one responsible person, the county may proceed against one, some or all of them.

REST HOME: A building for the care and keeping of elderly or infirm people affected with infirmities or chronic illness.

RESTAURANT: Any establishment which provides as a principal use, foods and beverages prepared for consumption within the establishment and whose operation includes both of the following characteristics:

1. Customers are provided with an individual menu and are served their food or beverage by a restaurant employee at the same table or counter at which said items are consumed; and
2. The food and beverages are served on nondisposable plates or containers and nondisposable eating utensils are provided. A restaurant employee clears the table of trash.
3. Notwithstanding the above, a cafeteria where food and beverages are:
   1. Generally consumed within the establishment; and
   2. Served on nondisposable plates or containers with nondisposable utensils shall be included in this definition.
4. A restaurant may provide takeout service, provided such service is clearly not the principal business of the restaurant and the takeout function is totally conducted inside of the building.

RETAIL DRIVE-IN: Any form of merchandising, serving or dispensing of goods or services in which the customer is serviced while in his automobile.

RETAINING WALL: A wall designed and constructed to resist the lateral displacement and erosion of soils or other materials.

RIDGELINE: A ridge location that is visible from a private or public road that is seen as a distinct edge against a backdrop of sky or land. The ridgeline shall be from existing natural grade not including vegetation or manmade alterations to the existing ridgeline.

ROAD, FIRE APPARATUS (SECONDARY): A road built to the fire apparatus standards as directed by the international fire code and the fire marshal.

ROAD, PRIMARY: The main access road into a development.

ROAD, PRIVATE: A road that is on private property and maintained by the property owners and not a public entity.

ROAD, PUBLIC: A road that is dedicated to a public entity and maintained by a public entity.

SATELLITE DISH: An antenna intended to receive signals from satellites and other sources.

SCHOOL, COLLEGE, UNIVERSITY PRIVATE OR QUASI-PUBLIC: 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 for profit or nonprofit organization. This definition shall not include commercial schools.

SCHOOL, COMMERCIAL: An establishment for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately and do not offer a complete educational curriculum.

SCHOOL, PUBLIC: An educational facility operated by the Wasatch County school district or other public agency of the state of Utah.

SEPTIC TANK: A watertight receptacle that receives the discharge of sewage and is designed and constructed to permit the deposition of settled solids, the digestion of the matter deposited, and the discharge of the liquid portion into a leaching system.

SEPTIC TANK DRAINFIELD: A specified tract or parcel of land in which the sewage that flows from a septic tank is oxidized.

SERVICE STATION: A building or premises used for the sale of gasoline and oil products, including the servicing of motor vehicles and the retail sale and installation of tires, replacement parts and accessories in and upon such vehicles; but not including paint, body and frame repair, or rebuilding of engines, transmissions or differentials. Such premises may also include the sale of food products.

SETBACK: The minimum distance by which any building or structure must be separated from a street right of way, lot line, or other defined feature.

SIGN: Any device for visual communication that is used for the purpose of advertising a product thereof to the attention of the public, but not including a flagpole which is used for the display of the state or national flag.

SKATEBOARD RAMP: An outdoor structure designed and principally intended to permit persons on skateboards to move continuously from one side to the other.

SLOPE: The ratio of the vertical distance moved to the horizontal distance moved, expressed in percentage or degrees, when traversing along the surface of land.

SLOPE IRREGULARITY: A single undivided area that is five hundred (500) square feet or less of a building envelope, which undivided area can be over 30% slope but must be surrounded on all sides by slopes less than 30%.

SMALL WIRELESS FACILITY (SWF): Means a wireless facility on which each provider's antenna could fit within an enclosure of no more than six (6) cubic feet in volume, and for which all wireless equipment associated with the Wireless Facility, whether ground-mounted or pole-mounted, is cumulatively no more than twenty eight (28) cubic feet in volume. Definitions for some terms used in this definition are found in section 16.21.47(B) of this title.

SOIL ENGINEER: A civil engineer registered in the state of Utah with training and experience in soil engineering.

SOLID WASTE: Any discarded material that does not flow under stress.

STABLE: A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

STORY: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor or next ceiling above.

STREET, ARTERIAL: A limited-access road that provides high-capacity movements from collector roads to freeways and between urban centers.

STREET, LOCAL: A road that provides for movement of local traffic to access high classification collector streets and is not intended to serve as a primary thoroughfare. See Wasatch County Code Title 14.

STREET, COLLECTOR: A road that provides for movement between arterial and local streets and limited access to abutting property. See Wasatch County Code Title 14.

STREET, STUB: A street having only one outlet for vehicular traffic and which is intended to be extended or continued to serve future subdivisions or developments on adjacent lands.

STREET, THROUGH: Streets that extend continuously between other major streets in the community.

STRUCTURE: That which is framed, erected, constructed or placed upon the ground; but not including fences that are six feet (6') or less in height.

SUBDIVISION: Shall have the meaning set forth in the county land use management act in Utah Code Annotated. A subdivision does not include a record of survey subdivision.

SURFACE DRAINAGE: That amount of water runoff caused as a result of precipitation or irrigation.

SWIMMING POOL: A portable or permanent structure above or below grade, designed to hold water eighteen inches (18") deep or greater and/or two hundred fifty (250) square feet or greater surface area and intended for therapeutic or recreational purposes. This definition does not include an ornamental reflecting pool, fish pond or other type of pool not used for swimming and/or wading, and must be located and designed so as not to create a hazard.

TREE FARM: A business enterprise in which land is used for the planting of young trees and/or tree seeds for production of larger nursery stock trees. The business may include (but is not limited to) stock stored, sold, offered for sale, or held for sale as part of the operation, but does not mean a business that primarily imports, stores, and/or sells nursery stock not grown on the premises. For purposes of this definition, production shall mean the planting, care, and maintenance of young trees for a minimum period of two growing seasons before harvesting for sale.

TWO-FAMILY DWELLING: A dwelling, two-family, as defined herein.

TOWNHOME: A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a yard or public way on not less than two sides. To be an attached unit, the dwelling units must share a common wall that is materially structurally necessary to each of the dwelling units.

UNIMPROVED COMMON AREA: An area of common ownership of the residents that must be unimproved land which is not covered by dwellings, pavement or other impervious material which is dedicated and owned perpetually for purposes of satisfying open space requirements and is deed restricted to remain open in perpetuity.

VALUE ADDED AGRICULTURAL OPERATION: A business, store, market, stand, building, structure or facility that is permanent in nature and in which a value added agricultural product is sold, provided, offered or marketed directly to the public.

VALUE ADDED AGRICULTURAL PRODUCT: A product, commodity, service or process that is sold directly to the public that enhances or improves the overall value, increases the revenue or improves the marketing of an agricultural operation. The enhancement or improvement includes, but is not limited to, marketing, processing, transforming, packaging, sorting, educational presentation, activities and tours that relate to agriculture or agricultural products.

VALUE ADDED AGRICULTURAL PRODUCT ROADSIDE STAND: A temporary stand, tent or structure in which the sale of value added agricultural products occurs.

VARIANCE: A variation of, or deviation from, the regulations or standards adopted by ordinance, which the Appeals Hearing Officer is permitted to grant.

VOCATIONAL SCHOOL: A school that specifically trains people for a skill or trade to be pursued as a trade.

YARD: A space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

YARD, FRONT: Any yard between the front lot line and front facade of a main building and extending for the full width of the lot parallel to the front lot line.

YARD, REAR: A yard between the rear lot line and the rear facade of a main building and extending across the full width of the lot parallel to the rear lot line. For corner lots, a yard between the rear lot line and the rear facade of the building and extending between the side lot line and the street side yard lying opposite.

YARD, SIDE: Any yard between the side lot line and the side façade of the main building, extending from the front yard to the rear yard.

YARD, STREET SIDE: The side yard on the street of corner lots running from the front setback line to the rear property line.

YOUTH GROUP HOME: A dwelling unit wherein room, board, ordinary care and supervision are provided in a family environment by the resident family or group home parents to persons who are unrelated to the resident family or group home parents and who are under the age of eighteen (18) years. To qualify, the dwelling unit must be approved by an agency of Utah state government.

YURT: A tentlike structure consisting of a wooden base and frame with a canvas outer covering, which may be easily dismantled and moved.

ZERO LOT LINE DEVELOPMENT: Single-family dwellings arranged on lots with one common wall of the building located on the property line.

ZONING VIOLATION: Any violation of this title or any other Wasatch County zoning ordinance.