Article 10 Definitions Revised 5/17

10.1 Rules of Construction

10.1.1 Meaning and Intent

All provisions, terms, phrases and expressions contained in this LUC shall be construed in order to accomplish the purpose stated in Section 1.5.

10.1.2 Text

In case of any difference of meaning or implication between the text of this LUC and any illustration or figure, the text shall control.

10.1.3 Computation of Time

The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday declared by the County, that day shall be excluded. In the computation of time for public hearing notice, both the first day (day of the advertisement) and the last day (day of the hearing) shall be excluded. The following time-related words shall have the meanings ascribed below.

A.    "Day" means a calendar day unless working day is specified.

B.    "Week" means 7 calendar days.

C.    "Month" means a calendar month.

D.    "Year" means a calendar year, unless a fiscal year is indicated.

10.1.4 Conjunctions

Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows:

A.    "And" indicates that all connected items, conditions, provisions or events shall apply; and

B.    "Or" indicates that one or more of the connected items, conditions, provisions or events shall apply.

10.1.5 Delegation of Authority

Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize appropriate subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

10.1.6 Non-Technical and Technical Words

Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

10.1.7 Public Officials, Bodies and Agencies

All public officials, bodies, and agencies to which reference is made are those of Grand County, Utah, unless otherwise indicated.

10.1.8 Mandatory and Discretionary Terms

The word "shall" is always mandatory. The word "may" is permissive.

10.1.9 Tense, Number and Gender

Words used in the past or present tense include the future as well as the past or present, unless the context clearly indicates the contrary. The singular number shall include the plural and the plural shall include the singular, as the context and application of this LUC may reasonably suggest. Words of one gender shall apply to persons, natural or fictitious, regardless of gender as the context and application of this LUC may reasonably suggest.

10.2 Definitions Revised 5/17

Words defined in this section shall be given the meanings set forth here. All other words shall be given their common, ordinary meanings, as the context may reasonably suggest. In case of dispute over the meaning of a term not defined here or over the application of a definition set forth here, the Zoning Administrator shall give a written interpretation in accordance with Section 9.2.8 of this LUC.

DEFINITIONS

Term

Definition

Accessory Dwelling Unit (ADU)

An independent residential living space including provision for living, sleeping, cooking, and sanitation that can be created with, attached to, or detached from a single family home.

Accessory Use

A use naturally and normally incidental to and subordinate to the permitted use by right of the land or lot area.

Affordable Housing

Housing for which the allowable housing expenses paid by a household earning less than the median household income shall not exceed 30 percent of the gross monthly household income – unassisted and assisted (State and/or Federal) rental and unassisted and assisted (State and/or Federal) for sale units whose gross rental or sale price on the open market is affordable to, or for which rental and/or sale is restricted to, households whose gross annual household income is below the county median household income.

Agricultural Land

Land suitable for or historically used for production of commercial purposes of crops, livestock or products.

Agricultural Production

Production for commercial purposes of crops, livestock products if 50 percent or more of the material processed or marketed is produced by the farm operator. Production of forage, grains, livestock, trees and fruits, vegetables; nursery, floral and ornamental stock with reasonable expectation of profit is agricultural production activity.

Airport

Canyonlands Field and all air service buildings and facilities, aircraft maintenance facilities, hangars, residential uses, and etc. that are included as a part of the Airport Layout Plan and Airport Master Plan.

Airport Board of Adjustment

The Grand County Airport Board of Adjustment performing the duties prescribed in Section 72-10-409, Utah Code Annotated 1953.

Airport Elevation

4553 feet above mean sea level.

Airport Hazard

Any structure or use of land that actually or potentially obstructs the airspace required for safe flight of aircraft in landing or taking off at an airport.

Airport Hazard Area

Any area of land upon which an airport hazard might be established.

Airport Influence Zone

The area within which compatible neighbors are desired, including the visual runway(s) and all lands within 16,000 feet of Canyonlands Field runway(s).

Airport Zoning Commission

The Grand County Planning Commission serving in the roles prescribed in Section 72-10-405, Utah Code Annotated 1953.

Animal Pound or Kennel (Public or Private)

Any premises on which 5 or more dogs over 10 weeks of age are kept or housed for any reason and for any length of time.

Affected Entity

A county, municipality, independent special district under Title 17D, Chapter 1, Independent Special District local district under Title 17B, Chapter 2.A, Local districts, school districts, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility or the Utah Department of Transportation.

Animal Unit

A unit of measurement used to determine the animal capacity of an animal-feeding operation containing one or more species of animals. The animal unit capacity of an operation is determined by multiplying the number of animals of each species by the appropriate equivalency factor from the following table and summing the resulting totals for all animal species contained in the operation.

Animal Species

Equivalency Factor

Alpaca or Llama

0.20

Bison, buffalo (under 2 years old)

0.50

Bison, buffalo -- cow w/calf

1.00

Bison, buffalo

1.00

Burro, donkey

1.00

Burro, donkey -- miniature

0.05

Cattle, beef -- slaughter and feed (under 2 years)

0.50

Cattle, beef -- slaughter and feed

1.00

Cattle, beef -- cow w/calf

1.00

Cattle, dairy (bulls or cows)

1.40

Chickens, Broiler or Layer

0.02

Elk, domestic (under 2 years old)

0.50

Elk, domestic

1.00

Elk, domestic -- cow w/calf

1.00

Emu, less than 100 lbs.

0.10

Emu, more than 100 lbs.

0.20

Geese, ducks, swans, turkeys, peafowl

0.03

Goat, feeder (less than 80 lbs.)

0.05

Goat, mature broodstock

0.10

Goat, nanny w/kids

0.10

Goat, miniature

0.05

Horses, mules

1.00

Horses -- mare w/foal

1.00

Horses -- miniature

0.50

Ostrich

0.20

Rabbit, fryer and mature

0.02

Sheep feeder (less than 80 lbs.)

0.10

Sheep, feeder (more than 80 lbs.)

0.20

Sheep, mature broodstock

0.40

Sheep, ewes w/lambs

0.20

Swine, feeders (less than 50 lbs.)

0.10

Swine, feeders (50 lbs. to market)

0.20

Swine, mature broodstock

0.40

Swine, sow w/litter

0.40

Antenna

Any structure or device used for the purpose of collecting or transmitting electromagnetic waves including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.

Apartment

A room or suite of rooms in a mixed use building (commercial and residential uses) arranged, designed or occupied as a residence.

Appeal Authority

Grand County Hearing Officer designated by ordinance to act in a quasi-judicial manner and serve as the final arbitrator of issues involving the interpretation or application of land use ordinances or a variance.

Approach Zone

The inner edge of this zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

Arts and Crafts Fair

A place of commercial activity, which is open to the general public and composed of enclosed, semi-enclosed or outdoor stalls, stands or spaces rented or leased to persons on a daily basis for the purpose of the display and sale, exchange, auction or barter of arts and crafts or used merchandise.

Asphalt or Concrete Batching Plant, Temporary

A temporary facility for producing asphalt or concrete products used in construction activities on the same or nearby sites.

Auto Repair Garage

A building or place arranged, designed, used or intended to be used for the primary purpose of providing general repair and servicing of motor vehicles. Such repair or servicing may include reconditioning of engines, air conditioning systems and transmissions; wrecker service; collision services including body, frame or fender straightening or repair; painting, undercoating and rust-proofing; replacement or repair of brakes, shock absorbers, tires, batteries, mufflers, or upholstery; and other similar services.

Basement or cellar

A portion of a building which is wholly or partly below grade, the ceiling of which is less than four feet above grade.

Bed and Breakfast

A facility of single-family residential character that provides sleeping accommodations and breakfast for hire on a day-to-day basis in which the proprietor or manager resides.

Bee Colony

An aggregate of worker bees, drones, and a queen living together in a hive or in some other dwelling (usually cavity) as one social unit.

Buildable Area

For the purposes of subdivision development, buildable area shall mean that portion of a building lot or site not within the required front yard and rear yard areas. For the purposes of issuing building permits, Buildable Area shall also mean those areas on a building lot or site, as shown on the required site plan, necessary for the construction of such other improvements as driveways, parking areas, pools, tennis courts and accessory buildings, including sufficient adjacent area to allow the normal operation of construction equipment.

Building

Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building. Building includes yurts, removable sheds, and similar uses, but does not include signs or fences.

Building Line

A line parallel or approximately parallel to the street line at a specified distance therefrom establishing the minimum distance from the street line that a building may be erected.

Building Permit

The permit required for new construction and additions pursuant to this LUC.

Capital Facilities Plan

The plan required by Section 11-36-201 of the Impact Fees Act, Utah Code.

Character (of a Developed Area)

The density, height, coverage, setback, massing, fenestration, materials and scale of materials.

Church or Place of Worship

A site used primarily or exclusively for religious worship and related religious services operated by a bona fide religious group for religious activities.

Class I Injection Well

Wells defined in Rule 317-7-3 which are used to dispose wastes beneath the lowermost formation containing, within two miles of the well bore, an underground source of drinking water.

Class II Injection Well

A well used to inject brines and other fluids associated with the production of oil and natural gas as defined by the State of Utah.

Cluster Development

A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, open space and agricultural uses.

Cluster Subdivision

Cluster subdivision trades smaller lot sizes (with smaller yards) for additional common area. Cluster subdivision must provide a minimum of 30 percent common area exclusive of individual lots.

Clustered II Subdivision

Clustered II subdivision reduces lot sizes even further, in trade for substantial open space provision for the subdivision as a whole. Clustered II subdivisions must provide a minimum of 50 percent common area, exclusive of individual lots.

Commercial Aviation

Fee-based, charter, or other for-profit aviation transportation activities.

Commercial Development

Commercial development includes, but is not limited to, the construction or expansion by the addition of square footage of office, retail, wholesale, warehouse, manufacture, commercial recreation, restaurant/bar and/or service commercial operations.

Commercial Production Water Disposal and Recycling Facility

A centralized facility accepting produced oil and gas related fluids not generated on site.

Common Area

Area in a subdivision used as common space for private or public use. Common Area may include roads, trails, drainage facilities, trash collection, driveways and sidewalks, but may not include foot print structures such as swimming pools, club houses, mechanical buildings, storage areas, accessory structures, or covered gathering areas or courts.

Common Element

In a condominium or cooperative, all portions of the condominium other than the units.

Condominium    

The ownership of a single unit in a multi-unit project together with an undivided interest in common and common areas and facilities of the property.

Condominium Unit

Either a separate part of the property intended for any type of independent use, including one (1) or more rooms or spaces located in one (1) or more floors or parts of floors in a building or a time period unit, as the context may require.

Constitutional Taking

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

(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or

(b) Utah Constitution Article I, Section 22.

Constrained Lands

See Section 5.4.2B.

Conventional

Conventional subdivision is a pattern of residential development that provides the majority of property

Subdivision

owners with substantial yards on their own property. Conventional subdivisions are not required to have open space, exclusive of individual lots, unless there are constrained lands on site. Constrained lands are required to be setaside as open space.

County

Grand County, a duly constituted political subdivision of the state of Utah.

County Council

The duly constituted governing body of Grand County, state of Utah.

County Facilities

County-owned or operated institutions or facilities including but not limited to a library, museum, park, playground, trails, recreational center, jail or correctional facility, police, fire or utility facilities. “County facilities” shall not include county shops and storage yards.

Culinary Water Authority

The Grand Water and Sewer Service Agency is responsible to review and approve the feasibility of the culinary water system and sources for the subject property.

Custom Personal Service

Barber shop, beauty shop, tailor, photographer, dressmaker, shoe shop or similar shop offering custom service.

Density

The maximum number of dwelling units per acre of land permitted in a zone district.

Developer

Any public or private person, partnership, association or agency that prepares raw land for the construction of buildings or causes to be built physical building space for use primarily by others, during which preparation the land or the creation of the building space is in itself a business and is not incidental to another business or activity.

Development

Any man-made change to improved or unimproved real property, the use of any principal structure or land, or any other activity that requires issuance of a building permit. Development activities include: subdivision of land; change in the intensity of use of land; construction, reconstruction, demolition or partial demolition or alteration of buildings, roads, utilities, and other facilities; commencement of drilling (except for a water well or to obtain soil samples), mining, or excavation; installation of septic systems; grading; deposit of refuse, debris, or fill materials; and clearing of natural vegetation cover.

Development Impact Fee

A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of public facilities identified in the Development Impact Fee Report needed to serve future development. This term is also referred to as an impact fee in this LUC. This term does not include the following: A charge or fee to pay the administrative, plan review, or inspection costs associated with permits required for development; Connection or hookup charges; Availability charges for drainage or transportation charges for services provided directly to the development; or Amounts collected from a developer in a transaction in which the governmental entity has incurred expenses in constructing public facility improvements for the development if the owner or developer has agreed to be financially responsible for the construction or installation of the public facility improvements.

Development Permit

See "Zoning Development Permit."

Disabled

Handicapped (federal statute)

Disposal Facility

A centralized facility accepting production water and/or formation water and related fluids not generated on site, for disposal and/or recycling.

District

District means a zoning district.

Dwelling Unit

A UBC- or IBC-standard approved structure or portion of a structure that is designed, occupied or intended to be occupied as living quarters for a single family and includes facilities for cooking, sleeping and sanitation; but not including hotels, motels, clubs, boarding houses, or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraints.

Dwelling, Accessory

A single-family dwelling unit that is built on the same lot or parcel as another single-family dwelling unit.

Dwelling, Duplex or Two-family

The use of a lot for 2 dwelling units, other than mobile homes, within a single building and under a single roof.

Dwelling, Multi-family

The use of a lot for 3 or more dwelling units, other than mobile homes, within a single building and under a single roof.

Dwelling, Single-Family

The use of a lot for one (1) dwelling unit that has no physical connection to a building located on any other lot.

Elderly Person

A person who is 60 years old or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.

Essential Services

The development or maintenance of public utilities or County-approved underground, surface or overhead gas, electrical, telephone, steam, fuel or water transmission or distribution systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment, and sewage pump stations. For the purpose of this LUC, commercial wireless telecommunication service facilities shall not be considered “essential services”, and are defined separately.

Evaporation Pond

Surface impoundment used for the purpose of containing, treating and evaporation of production or formation water.

Extraordinary Costs

Costs incurred as a result of an extraordinary impact.

Extraordinary Impact

An impact that is reasonably determined by the County to:

(1) Result in the need for public facility improvements, the cost of which will significantly exceed the sum of the development impact fees to be generated from the project or the sum agreed to be paid pursuant to a development agreement as allowed by Utah Code; (2) Result in the need for public facility improvements, which are not identified in the Public Facilities Analysis; and/or (3) Have an impact that results in a lower than acceptable level of service.

Family

2 or more persons related by blood or marriage, or between whom there is a legally recognized relationship, and/or not more than 5 unrelated persons occupying the same dwelling unit on a long-term basis.

Fee Payer

A person or entity that pays or is required to pay a development impact fee.

Field Office, Temporary

A structure or shelter used in connection with an approved development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment.

Formation Water

Brines brought to the surface from subsurface geologic formations during operations NOT associated with commercial extraction of oil or gas.

Footprint Lot

A lot that corresponds in size and shape to that of the structure built, or to be built, on the lot.

Gasoline Service Station

A building or place arranged, designed, used or intended to be used for the primary purpose of dispensing gasoline, oil, diesel fuel, liquefied petroleum gases, greases, batteries, and other minor automobile accessories at retail direct to the motor vehicle trade and where other services to motor vehicles can be rendered such as the following: sales and servicing of spark plugs and other ignition parts; tire repair and servicing, but no recapping; replacement of mufflers and tailpipes, water hose, fan belts, brake fluid, light bulbs, floor mats, wiper blades and arms for windshields, radiator cleaning and flushing; washing and polishing; greasing and lubrication; air cleaners; adjusting brakes, tuning engines; air conditioner service; wheel balancing and alignment; provided, however, that the above automotive services are considered vehicle maintenance and replacement services and shall never be construed to include any major overhaul; the removal and/or rebuilding of an engine, cylinder head, transmission, differential, radiator, springs, or axles; steam cleaning; body or frame work; painting; upholstering; or replacement of glass. This use may include the incidental sale of meats, fruits, vegetables, bakery products, dairy products, personal care items, cleaning products and similar household items to a localized or neighborhood market, for off-premise consumption, provided that in no case shall the floor area devoted to such sales exceed 2,400 square feet.

Hazardous Air Pollutants

As defined in the Federal Clean Air Act, Section 112.

Heliport

A facility or site that is constructed or used for the taking off and landing of helicopters.

Hotel or Motel

A building or group of buildings designed and occupied as a temporary abiding place of individuals. To be classified as a hotel or motel, an establishment shall contain a minimum of 6 individual guest rooms or units and shall furnish customary hotel or motel services.

Impact Fee Enactment

The County ordinance allowing for the collection of impact fees.

Improvement

The addition of street, curb and gutter, sidewalk, storm drainage or utilities facilities or street trees or any other required items on a vacant parcel of land.

Industrial

Denotes industrial or manufacturing enterprises that tend to emit odor, noises, or other ecological pollutants that are least compatible with other uses.

Inoperable, Wrecked, or Unregistered Vehicle

Any vehicle typically powered by an engine or a trailer of any type that is not immediately operable, or used for the purpose for which they were manufactured without mechanical or electrical repairs of the replacement of parts; any vehicle typically powered by an engine or a trailer of any type that does not meet the Utah Safety Code; any vehicle typically powered by an engine or a trailer of any type that does not have a current and affixed license plate (if applicable).

Land Farming

The controlled and repeated application of drilling mud, sludge, or any other wet nonwater materials from reserve pits or the drilling process to the soil surface.

Land Use Application

An application required by a county’s land use ordinance.

Land Use Assumptions

The description of the study area and projections of land uses, densities, intensities, and population in the service area.

Land Use Authority

The Grand County Planning Commission serving in the roles prescribed in Utah Code 17-27a-103.

Land Use Ordinance

A planning, zoning, development, or subdivision ordinance of the County, but does not include the general plan.

Landscaping

May include trees, shrubs, grass, ground cover, vines, walkways, ponds, fountains, sculpture, and other organic and inorganic materials used for creating an attractive appearance. Smooth concrete or asphalt surfaces are not considered landscaping.

Level of Service

A measure of the relationship between service capacity and service demand for public facilities.

Limited Common Element

A portion of the common elements allocated by the declaration for the exclusive use of one or more units but fewer than all of the units.

Limits of Disturbance

Area on a lot or tract that may be altered with grading, excavation, removal of vegetation, building construction, storage, temporary parking, or temporary access.

Lot

An undivided tract or parcel of land under one (1) ownership having frontage on a public street and either occupied or to be occupied by a building or building group together with accessory buildings, which parcel of land is designated as a separate and distinct tract.

Lot Area

The net area of the lot, excluding portions of streets and alleys.

Lot Coverage

The percentage of a lot or tract covered by the roof or first floor of buildings.

Lot Line Adjustment

The relocation of the property boundary line in a subdivision between two adjoining lots with the consent of the owners of record.

Lot Line, Front

Any lot line adjacent to a street; same as street line.

Lot Line, Rear

A lot line opposite a front lot line and not adjacent to a street.

Lot Line, Side

Any lot line not defined as a front or rear lot line.

Lot Lines

The lines bounding a lot as defined herein.

Lot of Record

A lot that is part of a subdivision or the original County site, the plat of which has been recorded in the office of the County Recorder of Grand County or a parcel of land, the deed for which is recorded in the office of the County Recorder of Grand County prior to the adoption of the County’s Zoning Ordinance #134, adopted September 18, 1978.

Manufacturing, General

An establishment engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, excluding uses classified as manufacturing, hazardous or objectionable.

Manufacturing, Hazardous or Objectionable

A use engaged in storage of, or manufacturing processes utilizing, flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Typical uses include chemical manufacturing and warehousing, dry ice manufacturing, fat rendering plants, fertilizer manufacturing, fireworks and explosives manufacturing and warehousing, petroleum refineries, pulp processing and paper products manufacturing, radioactive materials manufacture or use, steel works, slaughterhouses and tanneries.

Manufacturing, Light

An establishment or use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, wholesale sales and distribution of such products.

Migratory Beekeeping

The moving of bee colonies from one locality to another during a single season to pollinate different crops or to take advantage of more than one honey flow.

Minor Record Survey

A map of a survey of land prepared in accordance with State Code Section 17-23-17 and 9.7 of this Code

Mobile Home

A structure constructed according to HUD/FHA mobile home construction and safety standards, transportable on one or more section, which in the traveling mode, is 8 feet or more in width or is 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include all structures which meets all the requirements of this subsection except to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development.

Mobile Home Park

A tract of land designed or being used to accommodate two or more mobile home dwelling sites for rental.

Moderate Income Housing

Housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located.

Modular Building

Any building or building component, other than a manufactured/mobile home, which is constructed according to standards contained in the International Building Code, as adopted or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.

Nonconforming Structure

A structure that legally existed before its current land use designation; and

because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations that govern the use of land.

Nonconforming Use

A use of land that legally existed before its current land use designation; has been maintained continuously since the time the land use ordinance regulation governing the land changed; and because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.

Office, Business or Professional

A use where business, professional, or governmental services are made available to the public, including: (1) Business Office - an office for use by persons such as Realtors, travel, advertising or insurance agents and property managers providing both products and services, or the home office of a company that sells retail or wholesale products or provides professional services; (2) Professional Office - an office for use by persons such as physicians, dentists, lawyers, architects, engineers, accountants and other professionals who primarily provide services rather than products.

Official Map

A map drawn by county authorities and recorded in the county recorder’s office that:

(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities; (b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and (c) has been adopted as an element of the county’s General Plan.

Open Space

See Section 6.11.

Open Yard Space

Area included in any side, rear or front yard or any unoccupied space on the lot or tract that is open and unobstructed to the except for the ordinary projections of cornices, eaves, and plant material.

Owner

Any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or other person with sole or with concurrent legal and/or beneficial title to the whole or to part of a building or land.

Person

An individual, proprietorship, trust, partnership, corporation, association, or other legal entity.

Planned Community

A common interest community that is not a condominium or cooperative.

Produced (“Production”) Water

The brines brought up from the hydrocarbon bearing strata during the extraction of oil and gas, and can include formation water, injection water, and any chemicals added down hole or during the oil/water separation process.

Principal Use

The principal use for which a parcel and any buildings thereon are developed. Each parcel or tract in Grand County is permitted only one (1) principal use (See Section 7.1.2); provided, however, agricultural uses may exist on the same lot or parcel as another principal use.

Proportionate Share

That portion of the cost of improvements determined by the "Grand County Capital Facilities and Impact Fee Facilities Plan," dated November 2014, and is amended from time to time.

Public Facilities

Those types of improvements described in Section 11-36a-102(16) of the Impact Fees Act, Utah Code and/or those facilities identified in the most recent Development Impact Fee Report and the Grand County, Moab Public Facilities Analysis.

Public Facilities Analysis

The report prepared by Hofman Planning Associates and Lee Nellis titled "Grand County Capital Facilities and Impact Fee Facilities Plan," dated November 2014.

Public Hearing

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

Public Land

Land or interests in land owned by a governmental entity or held in trust for the benefit of the public by a not-for-profit organization.

Public Meeting

A meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings.

Recreational Vehicle/Travel Trailer

A vehicular portable structure designed for temporary or short term occupancy for travel, recreation, or vacation. Under no circumstances shall be used for residences – long or short term.

Recreational Vehicle /Travel Trailer Park

A tract of land designed or being used to accommodate two or more recreational vehicles or travel trailers sites for rental.

Refuse, Debris, or Junk

The below in “unkempt condition,” including but not limited to: salvage, scrap, appliances, mechanical equipment, vehicle parts, metal, rope, bags, batteries, paper, wood, plastic, rubber, tires, and chemicals. The below in any condition, including but not limited to: yard or kitchen waste not used for composting, household or construction trash, or other articles or materials commonly designated as refuse.

Registered Vehicle

Any vehicle typically powered by an engine or a trailer of any type that is currently registered and has a license plate that is affixed in a fashion authorized by Utah law.

Repair Services, General

An establishment engaged in the repair of trucks, buses, agricultural equipment, construction equipment or other heavy equipment.

Repair Services, Limited

An establishment engaged in the repair of personal apparel and household appliances, furniture, and similar items, excluding repair of motor vehicles. Typical uses include apparel repair and alterations, small appliance repair, bicycle repair, lawn mower repair, clock and watch repair, and shoe repair shops.

Residential Development

Any development approved by the local government for residential use.

Restaurant, Fast Food

An establishment where the principal business is the sale of food and beverages in a ready-to-consume state and where the design or method of operation includes any service to a customer in a motor vehicle.

Restaurant, General

An establishment where the principal business is the sale of food and beverages in a ready-to-consume state and where customers are normally provided with an individual menu, are generally served in non-disposable containers by a restaurant employee at the same table or counter at which said items are consumed. This use may include take-out service, but excludes any service to a customer in a motor vehicle.

Retail, General (Indoors)

A retail establishment that does not fit the definition of any other land use classification and that does not entail any outdoors sales, service, display, storage or other activity. Typical uses include but are not limited to apparel and accessory stores, camera and photographic supply stores, clothing stores, rental stores, consumer electronics stores, gift, novelty and souvenir shops, grocery stores, liquor stores, luggage and leather goods stores, jewelry stores, music stores and video tape rental stores.

Retail, General (Outdoors)

A retail establishment that does not fit the definition of any other land use classification and that entails some outdoors sales, service, display, storage or other activity. Typical uses include but are not limited to boat dealers, hot tub dealers, recreational vehicle dealers, and monument sales.

Rezone

Discretionary legislative decisions even if a rezoning application otherwise conforms to ordinance requirements

Ridgeline

See Section 6.9.8.

Riparian Area

A plant community contiguous to and affected by surface and subsurface hydrologic features of perennial or intermittent lotic and lentic water bodies (rivers, streams, lakes, or drainage ways). Riparian areas have one (1) or both of the following characteristics: (1) distinctively different vegetation species than adjacent areas, and (2) species similar to adjacent areas but exhibiting more vigorous or robust growth forms. Riparian areas are usually transitional between wetland and upland.

Sanitary Sewer Authority

Grand Water and Sewer Service Agency responsible to review and approve the feasibility of sanitary sewer services or onsite wastewater systems.

Screen

A fence or wall which is designed and erected in accordance with the screening standards of Section 6.4.3F and intended to obstruct and eliminate the public view of storage or other areas.

Sensitive Lands

Sensitive Lands include public drinking water supply watersheds (recharge areas for the aquifer in the Glen Canyon Formation); floodplains and riparian habitats; seen areas of elevated benches, mesas, ridges, and slopes; and significant geological, biological, and archeological sites.

Setback

Unobstructed, unoccupied open space between a structure and the property line of the lot on which the structure is located.

Sign

Any letter, figure, character, mark, plane, point marquee sign, design poster, pictorial, picture, stroke, stripe, line, trademark, or reading matter of illuminated or non-illuminated surface that shall be so constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever, so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise whatsoever, that is displayed in any manner whatsoever out of doors.

Site

The land on which development takes place.

Spot Zoning

Where a particular small tract within a large district is specifically zoned so as to impose upon it restrictions not imposed upon the surrounding lands, or grant to it special privileges not granted generally, not done in pursuance of any general or comprehensive plan.

Street

A public way, other than an alley or driveway, which affords the principal means of access to abutting property.

Street Line

A dividing line between a lot, tract or parcel of land and a contiguous street, the rights-of-way line or easement line.

Structural Alterations

Any change in the supporting member of a building, such as a bearing wall, column, beam or girder.

Structure

That which is built or constructed, an edifice or building or any kind or any piece of work artificially built up or composed of parts joined together in some definitive manner.

Study Area

The area included in the "Grand County Capital Facilities and Impact Fee Facilities Plan," dated November 2014.

Subdivision

Any land that is divided, resubdivided or proposed to be divided into 2 or more lots, parcels, sites, units plots, or other divisions of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any other plans, terms, and conditions. “Subdivision” includes the division of land whether by deed, metes and bounds description, devise or testacy, lease, map, plat, or other recorded instrument. “Subdivision” does not include a bona fide division or partition of agricultural land for agricultural purposes.

Substantial Improvement

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 25 percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

Tower

Any ground or roof-mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, traces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

Tower, Multi-User

A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.

Tower, Single-User

A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this LUC.

Transitional Surface

The surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of 7 feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

Transitional Zone

The transitional zones are the areas beneath the transitional surfaces.

Unkempt Condition

Disorganized, unnecessarily scattered, severely deteriorated, inhabited by animals, located among weeds or other ungroomed vegetation, irreparable or unusable, constituting a fire hazard, threat to the environment, or human health, welfare, and safety.

Utilities, major

Major, area-wide (e.g., Spanish Valley or major portion thereof, and/or beyond), interstate or intrastate infrastructure facilities and services, which may or may not have employees at the site. Such facilities and services may be public or privately owned and operated, and may include the following uses: electrical substations; electrical transmission lines; electrical switching facilities and primary substations; petroleum transmission lines and pumping stations; water and wastewater treatment plants; and water tanks.

Visual Runways

R/W 3/21 and potential R/W 17/35 one (1) mile off each end of the runway(s) and 1,250 feet either side of runway centerline.

Wireless Telecommunication Services

Licensed and commercial, wireless, telecommunication services including cellular, personal communication services including cellular, personal communication services (“PCS”), specialized mobilized radio (“SMR”), enhanced specialized mobilized radio (“ESMR”), paging, and similar services that are marketed to the general public.

Wrecking or Auto Salvage Yard

A yard or building where automobiles or parts of automobiles or machinery are stored, dismantled and/or offered for sale in the open as whole units, as salvaged parts or as processed metal.

Yard

An open space on the lot that is not obstructed from any point 30" above the general ground level of the graded lot to the sky except as authorized obstructions.

Yard, Front

A yard adjacent to a front lot line and extending from the lot line a uniform distance into the lot.

Yard, Rear

A yard adjacent to a rear lot line and extending from the lot line a uniform distance into the lot.

Yard, Side

A yard adjacent to a side lot line and extending from the lot line a uniform distance into the lot.

Zoning Administrator

An officer designated by the County Council to enforce the provisions of this LUC.

Zoning Development Permit

A permit issued by the Zoning Administrator that allows a developer to engage in development in compliance with all applicable sections of this LUC and further enables the developer to seek a Building Permit that would allow the developer to commence actual development.

Zoning Map

The certified Official Zoning Map upon which the boundaries of the various zoning districts are drawn.

[Ord. 558, 2017; Ord. 542, 2016; Ord. 537, 2015]