Chapter 2.  Definitions

2.1      Definition Usage

 

Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this Code. Words not defined herein shall have a meaning consistent with either definitions as defined in any other ordinance adopted by the Town of Rockville, by Webster’s New Collegiate Dictionary, latest edition, or which is consistent with the best available planning practices.  Words used in the present tense include the future; the singular numbers shall include the plural, and the plural the singular; the word "building" shall include “structure”; the word "shall" is mandatory and not directory; and the word "may” is permissive; the word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual; the word "lot" includes the word plot, or parcel.

2.2      Definitions

 

Abandoned Sign.  A sign, which no longer identifies or advertises a legal business, services, owner, product, or activity, and/or for which no legal owner can be found.

 

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

 

Accessory Use or Building.  A use or building on the same lot with, and of a nature incidental and subordinate to, the principal use or building. Any accessory building shall not have any plumbing and shall not be a separate living facility.

 

Administrative Permit.  A permit issued by the Town staff for specified uses in compliance with applicable zoning regulations.

 

Agent. The person who has received the notarized, written authorization from an owner to act on the owner’s behalf and to file an application with the Town.

 

Agricultural Analysis.  The following factors shall be used as guidelines or issues in the preparation and review of the agricultural impact analysis:

 

A.        Protection of irrigation access and maintenance of ditches and canals.

 

B.        Safety and protection of the public from ditches, canals, ponds and drainage systems.

 

C.       Livestock movement corridor protections and safety concerns.

 

D.       Fencing safety (i.e. electrical, barb wire) and design.

 

E.        Private property protection issues.

 

F.        Hunting protection, access and livestock safety concerns.

 

G.       Protection of farm equipment ingress and egress.

 

H.       Erosion and soil protection and conservation concerns.

 

I.           Drainage designs to minimize the discharge or impact on agricultural lands and soils.

 

J.         Plan for the control of noxious weeds, pests and pets (dog) controls in the proposed development.

 

K.        Provisions, acknowledgments and understandings by new property owners (including hold harmless agreements, if necessary) that farm work hours run late and begin early and that farm operations may contribute to noises and odors objectionable to some residents.

 

L.         Screening provisions and landscaping designs to reduce noise or visual impacts on surrounding or conflicting land uses.

 

M.      Any other provisions or concerns that the Planning Commission deems necessary to protect the right to farm on adjoining or appurtenant properties.

 

Agricultural Industry or Business.  An industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the Planning Commission.

 

Agriculture.  The tilling of the soil, the raising of crops, horticulture and gardening; breeding, grazing and keeping or raising of domestic animals and fowl, except household pets, and not including any agricultural industry or business, such as fruit packing plants, fur farms, animal hospitals, or similar uses.

 

Alley.  A public access-way less than twenty-six feet (26’) in width, which is designed to give secondary access to lots or abutting properties; an alley shall not be considered a street, for the purposes of this Code.

 

Animals.  Animals including, but not limited to, the following: horses, cows, sheep, goats, llamas and pigs.

 

Animals, Exotic or Wild.  Any animal or household pet not commonly maintained in a dwelling unit with humans, nor commonly maintained on a farm.

 

Animals, Livestock.  Domestic animals kept for use on a farm or raised for sale.

 

Applicant.  The owner of the property that is the subject of an application, or the owner’s agent.

 

Authorized Representative.  Any Town employee, official or designee who has been designated by the Town Council to represent the Town in enforcing or carrying out the functions of the Town Council as set forth in this Code.

 

Automobile Service Station.  A place where gasoline, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and where services performed may include tube and tire repair, battery charging, storage of merchandise, lubricating of automobiles, replacement of spark plugs, lights, fans, and other small parts, but not including major auto repair.

 

Average Percent of Slope.  An expression of rise or fall in elevation along a line perpendicular to the contours of the land, connecting the highest point of land to the lowest point of land within an area or within a lot. A vertical rise of one hundred feet (100’) between two points one hundred feet (100’) apart, measured on a horizontal plane is a one hundred percent (100%) percent slope.

 

Balloons, Anchored. A temporary sign attached to a string, rope, wire or part of a structure and extending vertically from or hovering high above a structure.

 

Banner.  A temporary sign of lightweight fabric or similar material, attached to, appended on or extending from any structure.

 

Basement.  A story whose floor is more than twelve inches (12”) below the average level of the adjoining ground, but where no more than one-half (1/2) of its floor-to-ceiling heights is above the average contact level of the adjoining ground. A basement shall be counted as a story for purposes of height measurement, and as a half-story for the purpose of side-yard determination.

 

Bed and Breakfast.  An establishment which provides overnight accommodations and a breakfast meal for consideration for the drive-in accommodation of transient guests.

 

Beginning of Construction.  The placing of concrete footings for a building or structure.

 

Billboard.  A structure of any kind or character erected or maintained for advertising of any business activity, use, service or product not sold or produced on the premises upon which the sign is placed.

 

Block.  The land surrounded by streets or other rights-of-way, other than an alley, or land which is designed as a block on any recorded subdivision plat.

 

Buildable Area.  The portion of a lot remaining after required yards have been provided, except that land with an average grade exceeding fifteen percent (15%) shall not be considered buildable area unless it is approved by conditional use permit for construction, after study by a geologist, soils engineer, or sanitarian as required by the Planning Commission.

 

Building.  Any structure used or intended to be used for the shelter or enclosure of persons, animals, or property.

 

Building, Accessory.  A building which is subordinate to, and the use of which is incidental to, that of the main building or use on the same lot.

 

Building, Attached.  A building connected by any two (2) of the following: a common wall, a continuous wall, a continuous foundation, or a continuous roofline. Walls or fences, patios, porches, terraces or other roofed accessory uses open on at least two (2) sides shall not constitute an attached building. No attached building shall be further than 30’ from the main structure and shall not be used as an additional residence.

 

Building Code.  The adopted Uniform Building Code, including additions and amendments effective in the Town of Rockville.

 

Building, Farm.  An agricultural structure assembled for a purpose relating to livestock or crops.

 

Building Footprint.  The building footprint is the total area of the foundation of the structure, or the furthest exterior wall of the structure projected to natural grade, located within the building’s pad area.

 

Building Height.  The vertical distance from the lowest, pre-excavated level to the highest point of the building.

 

Building Inspector.  The official designated as the building inspector for the Town of Rockville by the Rockville Town Council.

 

Building Official.  Any person so designated by the Town.

 

Building Pad.  The building pad denotes that area in which the entire new building may be located. (See Limits of Disturbance) 

 

Building Permit, Simple.  A permit issued by the Building Inspector who has determined that the proposed project does not: increase the square footage or footprint, increase the height, change the use, or require major structural, electrical, or plumbing changes/improvements to the structure. 

 

Business Sign.  A sign displaying information pertaining to a service offered by a single business located on a particular premise.

 

Campground.  A public or private area designated by a public agency for camping.

 

Camping.  A temporary establishment of living facilities such as tents or recreational coaches as regulated by this title.

 

Carport.  A private garage not completely enclosed by walls or doors. For the purposes of this Code, a carport shall be subject to all the regulations prescribed for a private garage.

 

Cemetery.  An area set apart for or containing graves.

 

Charitable Organization.  Any recognized religious organization, or any social or welfare organization recognized and dedicated to the relief of the poor, care of the sick or elderly, or aid to victims of disaster, catastrophe, personal tragedy, or common good of the community.

 

Church.  A building, together with its accessory buildings and uses, maintained and controlled by a duly recognized religious organization where persons regularly assemble for worship.

 

Cliff Edge.  The edge of a high, steep face of a rocky mass or precipice.

 

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, common open space, agriculture, and preservation of environmentally sensitive areas.

 

Code. The Town of Rockville Land Use Code

 

Commercial.  Made or done for profit.

 

Commercial Activities.  Having profit as a chief aim or purpose; to apply business methods in the conduct of those activities.

 

Common Area.  Facilities and yard areas under common ownership identified within projects, generally subdivisions, for the use and enjoyment of the residents.  Common areas are generally maintained and operated by an organization of property holders.

 

Comparable.  Similar, equivalent or analogous (alike - similarity in some respects between

things otherwise dissimilar).

 

Compatible.  Refers to characteristics of different uses or design that integrate with and relate to one another to maintain and/or enhance the context of a surrounding area or neighborhood. Elements affecting compatibility include, but are not limited to, height, scale, mass and bulk of buildings, pedestrian and vehicular circulation, parking, landscaping and architecture, topography, environmentally sensitive areas, agricultural lands, and building patterns.

 

Complete Application. An application which contains all of the submittal requirements and fees as specified on the application.

 

Concession.  A privilege to sell food, beverages, souvenirs, or copyrighted or logoed event memorabilia at a licensed event.

 

Conditional Use.  A use of land for which a conditional use permit is required, pursuant to this Code.

 

Constitutional Taking.  Final actions(s) by the Town involving the physical taking or exaction of private real property that requires compensation to a private real property owner because of the mandates of the Fifth or Fourteenth Amendments to the Constitution of the United States, or of Article I, Section 22, of the Utah Constitution.

 

Construction Activity. Means all grading, excavation, construction, grubbing, mining, or other development activity which disturbs the natural vegetation or grade of the property.

 

Construction Sign.  A temporary sign stating the names of those individuals or firms directly connected with the construction of a project, their addresses and telephone numbers.

 

Corner Site.  A site with a dedicated right-of-way on at least two (2) sides excluding parking lots, alleyways, and pedestrian access.

 

Corral.  A space, other than a building, less than one (1) acre in area, used for the confinement of animals or fowl.

 

Coverage, Building.  The percent of the total site area covered by buildings.

 

Crest of Hill.  The highest point on a hill or slope as measured continuously throughout the property.  Any given property may have more than one hill crest.

 

Development.  The act, process or result of erecting, placing, constructing, remodeling, converting, altering, relocating, or demolishing any structure or improvement to real property including grading, clearing, grubbing, mining, excavating or filling of such property.

 

Development Approval Application.  Includes any application for any development approval including, but not limited to, grubbing, grading, an alteration or revision to an approved PD, conditional use permits, zoning or rezoning, subdivision, or annexation.  The term “development approval application” shall not include any building permits associated with construction within an approved subdivision or on an existing platted lot unless otherwise specified.

 

Development Sign.  A sign listing the planner, architect, landscape architect, engineer, contractor, financier or other person or firm participating in the development, construction or financing of the project on the premises on which the sign is located.

 

District.  A portion of the territory of the Town of Rockville established as a zoning district by this Code, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Code; also includes "zone", and "zoning district".

 

Driveway.  A private roadway, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel on which the driveway is located.

 

Dwelling.  Any building or portion thereof designed or used as the more or less permanent residence or sleeping place of one or more persons or families which is occupied for no less than thirty (30) days. This does not include a tent, recreational coach, hotel, motel, hospital or nursing home. Minimum square footage of a dwelling shall be eight hundred (800) sq. ft.

 

Dwelling, Mobile Home.  (See "Mobile Home".)

 

Dwelling, Multiple family.  A building arranged or designed to be occupied by more than two (2) families, and having more than two (2) dwelling units.

 

Dwelling, Single-family.  A building arranged or designed to be occupied by one (1) family, the structure having only one (1) dwelling unit.

 

Dwelling, Two-family.  A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units.

 

Dwelling Unit.  One or more rooms in a dwelling, apartment, hotel, or motel, designed for or occupied by one (1) family for living or sleeping purposes.

 

Earth Shelter Home.  A dwelling specifically designed for energy saving purposes to be below the finished grade. A lived in basement of an uncompleted single-family dwelling shall not constitute an earth shelter home.

 

Easement.  That portion of a lot or lots reserved for present or future use by a person or agency other than the legal owner(s) of said property(ies). The easement may be for use under, on, or above said lot or lots.

 

Economic Hardship.  A denial of reasonable use of a property.

 

Emblem.  A symbol or trademark which uniquely characterizes a business, civic, political, philanthropic, or religious organization; or personal interest.

 

Engineer.  The engineer or surveyor engaged by the subdivider to prepare a final plat or to complete such data as may be required in connection therewith in accordance with the provisions of this Code.

 

Environmental Hazard.  The storage or discharge of or exposure to a substance that has been determined by an appropriate regulatory agency (local, State or Federal) to be detrimental to human health, to the health of livestock, or to the general health of the environment.

 

Essential Facilities.  Utilities or sanitary and public safety facilities provided by a public or other Town-approved agency for overhead or surface or underground services, excluding any building, electrical sub-station or transmission line of fifty (50) KV or greater capacity, except by conditional use permit.

 

Excavate.  Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or organic substances, other than vegetation, from water or land, on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.

 

Existing Features Map.  The minimum map must in­clude;

 

A.        a contour map based at least upon topographical maps published by the U.S. Geological Survey; 

 

B.        the location of se­verely constraining elements such as steep slopes over fifteen percent (15%), wetlands, watercourses, intermittent streams and 100‑year flood­plains, and all rights‑of‑way and easements;

 

C.       soil boundaries as shown on USDA Natural Resources Conservation Service medium intensity maps; and

 

D.       the location of significant natural and cultural features such as open fields (natural and agricultural), scenic views into or out from the property, watershed divides and drainage ways, fences or rock walls, rock outcrops, and existing structures, graveyards, roads, tracks and trails

 

Family.  One or more persons living as a single housekeeping unit.

 

Fees.  Charges assessed by the Town for licensing, staffing, equipment use/rental, property use/rental, clean up, inspections involving the use of public property, public employees, or public equipment.

 

Fence.  A physical barrier to delineate, contain, or designate an area designed for a specific use (i.e., an enclosure for a dwelling unit, an area for storage, etc.).

 

Final Action. The final vote or decision on a matter.  When required, adoption of the necessary Findings, Conclusions of Law and Conditions of Approval shall constitute the final action.

 

Final Plat.  A final plat prepared in accordance with the provisions of the Code which plat is designated to be placed on record in the office of the County Recorder.

 

Flag Sign.  A temporary sign with one end attached to a rope, pole or any other structure designed to move in the wind, excluding flags of a state, nation or municipality.

 

Flashing Sign.  An animated sign that intermittently reflects lights from either the sun or an artificial source; or has any illumination which is not constant in intensity, color or pattern during all times in which the sign is illuminated.

 

Flood Hazard.  A hazard to land or improvements due to inundation or overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of water courses.

 

Flood Plain Area.  An area adjoining a river, stream, or water course, or other body of standing water in which a potential flood hazard exists due to inundation or overflow of water.  Any area designated as a flood plain by the Department of Housing and Urban Development or Federal Emergency Management Agency of the United States Government.

 

Freestanding Sign.  A sign supported by an upright or braces placed upon or into the ground and detached from any building.

 

Frontage, Lot.  The lineal measurement of the front lot line.

 

Garage, Private.  A detached accessory building, or a portion of a main building, used or intended to be used for the storage of motor vehicles, recreational coaches, boats, or other recreational vehicles.

 

Garage, Repair.  A structure or portion thereof other than a private garage, used for the repair. of self-propelled vehicles, trailers, or boats, including general repair, rebuilding or reconditioning of engines, motor vehicles, recreational coaches, and minor collision service, but not including major body, frame or fender repairs or overall automobile or truck painting.

 

General Plan.  The comprehensive plan prepared and adopted by the Planning Commission and Town Council, that sets forth general guidelines for proposed future development of the land within the Town, as set forth in Utah Code Annotated Sections 10‑9‑301 and 10‑9‑302, as amended, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.

 

Geological Hazard.  A hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property, or improvements, due to the movement, failure, or shifting of the earth.

 

Governing Body.  The elected legislative body of the Town of Rockville.

 

Grade. Ground surface elevation of a site or parcel of land.

 

A.        For buildings adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street.

 

B.        For buildings adjoining more than one (1) street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets.

 

C.       For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the centers of all exterior walls of the building.

 

D.       Any wall parallel or nearly parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street.

 

Grade, Existing.  The grade of a property prior to any proposed development activity.

 

Grade, Final.  The finished or resulting grade after the completion of the proposed development activity where earth meets the building.

 

Grade, Natural. The grade of the surface of the land prior to any development activity or other manmade disturbance. Natural grade, when not readily established due to prior modifications in terrain, shall be fixed by reference elevations and slopes at points where the prior disturbance appears to meet the undisturbed portions of the subject property or the adjacent property's undisturbed grade. The estimated natural grade shall tie into the elevation and slopes of adjoining properties without creating a need for new retaining walls, or abrupt differences in the visual slope and elevation of the land; and not change the direction or flow of run-off water

 

Grading.  Any earthwork or activity that alters the natural or existing grade, including excavating, filling or embanking.

 

Gravel Pit.  An open land area where sand, gravel, and rock fragment are mined or excavated for sale or off-tract use.

 

Guest House.  Living quarters within an accessory building for use by guests of the occupants of the premises, occupied solely by members of the family and temporary guests and shall not be rented independently from the main dwelling unit.

 

Hardship (as it applies to the Land Use Code).  Depriving a property owner of reasonable use of the property.  The property owner cannot create a hardship; the hardship must be created by the property.

 

Height.  The vertical distance measurement from the lowest point of ground at the perimeter of the foundation to the highest point of the structure.

 

Home Occupation.   Any use conducted entirely on premises and carried out by persons residing in the dwelling unit.  Commercial activities that can be accommodated adequately in private residences.  This accessory use will be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof.  The dwelling shall be the principal residence of the occupants. The home occupation shall not include any display; stock in trade, employees or the use of advertising except as provided herein.

 

A home occupation may include, but is not limited to, the following: The office or studio of a physician, dentist, artist, musician, lawyer, architect1 engineer, teacher, or similar professional; workshops; dressmaking or hairdressing studios; and the care of not more than three (3) children other than members of the family residing in the dwelling unit.

 

Hotel.  See Motel.

 

Household Pets.  Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, and canaries. Household pets shall not include the keeping of dangerous animals.

 

Identification Sign.  A sign, other than a bulletin board, which serves to tell only the name and/or address of the premises upon which the sign is located, and is usually located at an access point.

 

Illegal Sign.  A sign which does not meet the requirements of the Code.

 

Illuminated Sign, Indirectly.  A sign whose source of light is not emanating from the sign structure and which illuminates a particular sign.

 

Illuminated Sign, Internally.  A sign from which light emanates.

 

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

 

Industrial.  Pertaining to, of the nature of, or resulting from industry.

 

Institute.  An institution for advanced study, research, and instruction in a restricted field. A short teaching program established for a group concerned with some special field of work.

 

Junk.  Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris or other waste or salvage materials; dismantled, junked, or wrecked automobiles or parts thereof; and old or scrap ferrous or non-ferrous metal materials.

 

Land Use Code. The official Town of Rockville Land Use Code adopted February 17, 1999 and effective February 17, 1999, as amended.

 

Legal Non-conforming Sign.  Any sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations.

 

Limits of Disturbance.  The designated area of a lot or parcel in which all construction activity must be contained.

 

Local Jurisdiction.  The Town of Rockville.

 

Lot.  A parcel or unit of land described by metes and bounds and held or intended to be held in separate lease or ownership, or a parcel or unit of land shown as a lot or parcel on a recorded subdivision map, or shown on a plat used in the lease or sale or offer of lease or sale of land resulting from the division of a larger tract into two (2) or more smaller units.

 

Lot, Corner.  A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five degrees (135°).

 

Lot, Depth.  The horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines.

 

Lot Line, Front.  For an interior lot, the lot line adjoining the street; for a corner lot or through lot, the lot line adjoining either street, as elected by the lot owner.

 

Lot Line, Rear.  Ordinarily, that line of a lot which is opposite and most distant from the front line of the lot. In the case of a triangular or gore-shaped lot, a line ten feet (10’) in length within the parcel parallel to and at a maximum distance from the front lot line. In cases where these definitions are not applicable, the Rockville Building Inspector shall designate the rear lot line.

 

Lot Lines.  The property lines bounding the lot.

 

Lot Line, Side.  Any lot boundary line not a front or rear lot line. A side lot line separating a lot from another lot or lots in an interior side lot line; a side lot line separating a lot from a street is a street side lot line.

 

Lot, Right-of-way.  A strip of land of not less than sixteen feet (16’) in width connecting a lot to a street for use as private access to that lot.                               

 

Maintenance, Signs.  The cleaning, painting, repairing or replacement of defective pads of a sign in a manner that does not alter the copy, design or structure of the sign.

 

Manufactured Home.  A structure, built after June 16, 1976, which conforms to all applicable building codes per Rockville Ordinance, and which is transportable in one or more sections on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

 

Manufacturing.  The making of goods or wares by manual labor or by machinery, especially on a large scale.

 

Maximum extent feasible.  Means no prudent, practical and feasible alternative exists, and all possible planning to minimize potential harm has been undertaken.  Economic considerations may be taken into account but shall not be the overriding factor in determining “maximum extent feasible”.

 

Mobile Home.  A structure built prior to June 15.1978, transportable in one or more sections, which is eight (8) body feet or more in width and thirty-two (32) body feet or more in length and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning1 and electrical systems contained therein.

 

Mobile Home Awning or Cover.  A lightweight, overhead structure used in conjunction with a mobile home for the purpose of shading or weather protection of areas such as carports, patios,

porches, windows and similar uses.

 

Mobile Home Park.  An approved residential development together with certain accessory buildings and uses providing for the enjoyment and benefit of the residents of the park, in which individual spaces are provided for the placement of a mobile home for a dwelling unit or sleeping purposes, whether or not a charge is made for such accommodations.

 

Mobile Home Space.  A parcel of land within an approved mobile home park which is designed and intended for the accommodation of one (1) mobile home.

 

Modular Home.  A structure built in accordance with the standards set forth in the

Uniform Building Code adopted and in effect at the time of construction which is composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

 

Monument Sign.  A sign which is freestanding, has a solid base, and is mounted directly upon the ground.

 

Motel.  A building or group of buildings for the drive-in accommodation of transient guests, comprising individual sleeping or living units, and designed and located to serve the motoring public.

 

Nameplate.  A non-electric, on-premise, identification sign not exceeding one (1) square foot and signifying only the name of the occupant and his or her occupation or specialty.

 

Nonconforming Building or Structure.  A building or a structure which does not conform to the regulations for height, coverage, or yards of the district in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its erection.

 

Nonconforming Use.  The use of a building or structure or land which does not conform to use regulations for the district in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its establishment.

 

Nuisance.  An interference with the enjoyment and use of property. Examples of nuisance elements may include, but are not limited to, environmental pollutants (i.e., smoke or odors), liquid and solid wastes, (i.e. sewage, oil, chemicals), radiation, noise (i.e., barking dogs, loud

music, motorized equipment), vibration, reflective light, heat, noxious weeds (State identified), unkempt vegetation (trees1 hedges), visual intrusions (i.e., antennas, satellite dishes, signs, lighting).

 

Obstacle.  Something that stands in the way - obscures vision or passage.

 

Obstruction.  To get in the way of, or hide from sight.

 

Official Map.  A map which has been adopted as the official map of the Town of Rockville, showing existing public streets, streets on plate of subdivisions which have been approved by the Rockville Planning Commission, and/or other street extensions, widenings, narrowings, or variations which have been accurately surveyed and definitely located.

 

Off-street Parking Space.  The space required to park one (1) passenger vehicle, which space shall meet the requirements of this Code.

 

On-site Sign.  A structure of any kind erected or maintained for advertising of any business activity, use, service or product not sold or produced on the premises on which the sign is placed, and directing the reader to the location of a facility or group of facilities for which the sign is erected.

 

Open Space.  The use of land which leaves soil generally undisturbed and upon which natural vegetation, whether or not native to the area, occupies the major visible aspect of the land. Open space is designated as such with the intent to minimize flooding, erosion and other environmental hazards; and to protect the natural scenic character of areas not suitable or not yet suitable for development.

 

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

 

A.        Natural Open Space. 

 

Natural, undisturbed areas with little or no improvements. Natural open space may include, but is not limited to, such areas as ridgelines, slopes over thirty percent  (30%), wetlands, stream corridors, subdivision common area, or view corridors.  These areas may be subject to a conservation easement, deed restriction or Town ownership to ensure that they remain undisturbed and to provide public access as deemed appropriate by the Planning Commission or Town Council, in accordance with the regulations herein.

B.        Agricultural Open Space.

 

Lands that historically have been used for agricultural purposes or have the potential to be converted to agricultural uses. These areas may be subject to an

agricultural easement, deed restriction or Town ownership to ensure that they remain undisturbed and to provide public access as deemed appropriate by the Planning Commission or Town Council, in accordance with the regulations herein

 

C.       Recreational Open Space. 

 

Parks and areas of active recreation use including neighborhood or community centers intended for use by residents of the development, neighborhood or community.

 

Ordinary High Water Mark.  Means the line on the bank to which the high water ordinarily rises annually in season as indicated by changes in the characteristics of soil, vegetation or other appropriate means, which consider the characteristics of the surrounding areas.  Where the ordinary high water mark cannot be found, the top of the channel bank shall be substituted.  In braided channels, the ordinary high water mark or substitute shall be measured so as to include the entire stream feature.

 

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

 

Parcel.  An unplatted unit of land described by a metes and bounds legal description and designated by the County Recorder’s Office with a unique tax identification number.

 

Parking Lot.  An open area, other than a street, used for the parking of more than four (4) automobiles and available for public use, whether free, for compensation, or accommodation for clients or customers.

 

Pennant.  A lightweight plastic fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string.

 

Permitted Use.  A use of land allowed within a zoning district for which no conditional use permit is required.

 

Planning Department.  Shall be defined as the Planning Commission or any of its authorized designees, such as the Building Inspector, Engineer, Planner, or Town Clerk.

 

Planned Development.  Development characterized by a unified site design for a number of housing units, clustering of buildings, providing common open space, density increases, and/or a mix of building types and land uses.

 

Plat for the City of Zion.  An historic planning tool used by the Mormons as they developed their communities beginning in the mid-nineteenth century.  This award winning (awarded the Planning Landmark Award in 1996 by the American Planning Association – a 30,000-member group of planning professionals) approach to planning assures, in general, a highly organized

community life and a more advantageous utilization of the lands.  The Plat places high value on the quality of the urban environment and the importance of a coherent community; such communities can sustain an agricultural tradition and promote careful stewardship of the land.  The Plat for the City of Zion couples the accent on our historical significance while allowing a progressive and proven planning approach for the future.  For further information, see 19th Century Mormon Architecture and City Planning by Mark Hamilton; Oxford University Press, 1995; The Making of Urban America by John W. Reps, Princeton University Press, 1965; The Mormon Village by Richard Jackson; The Professional Geographer, May 1976; May 25, 1996 edition of the Church News in the Deseret News; and the June 2, 1996 issue of the Salt Lake Tribune.

 

Plot Plan.  A plat of a lot, drawn to scale, showing its actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and such other information as may be required by the Rockville Planning Commission.

 

Political Sign.  A sign intended to draw attention to or communicate a position on any issue, candidate, or measure in any national, state, or local election.

 

Preliminary Plat.  A plat made for the purpose of showing the design of a proposed development and the existing conditions in and around it. Such plat shall be based upon a survey of the property. The preliminary plat is a study plat which, when approved, will serve as a basis for the preparation of the final plat.

 

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

 

Qualified Professional.  Means a professionally trained person with the requisite academic degree, experience, and professional certification or license in the field or fields relating to the subject matter being studied or analyzed.

 

Quarry.  An excavation or pit, usually open to the air, from which building stone or the like is obtained by cutting, blasting, etc. 

 

Real Estate Sign.  A temporary sign advertising the sale, lease, or rent of the property on which it is located, and the identification of the person or firm handling such sale, lease, or rent.

 

Recreational Vehicle.  A vehicle, such as a travel trailer, tent camper, camp car or other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Vehicle Code, and designed for use as human habitation for a temporary and recreational nature,

 

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

 

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

 

Residential Facility for the Elderly.  A dwelling where no more than eight elderly persons reside in a strictly voluntary, family type arrangement; and, where one of the residents owns said facility, or is owned by one of the residents' immediate family, or where title has been placed in trust for one of the residents.

 

Elderly residential facilities must meet all applicable building, safety and health ordinances; have adequate parking; and, maintain the residential character of the original dwelling. Such elderly facilities are permitted in all residential zones except those zoned exclusively for single family residences where such elderly facilities shall be by conditional permit only. No person under treatment for alcoholism or drug abuse may reside at such a facility. Fees may be charged residents for only actual and necessary costs of operation and maintenance of the facility.

 

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

 

Ridge Line Area.  Means the crest of a hill or slope plus the land located within one hundred fifty (150) feet horizontally on either side of the crest.

 

School.  A regular course of meetings of a teacher or teachers and students for instruction.

 

School, Boarding.  A school at which meals and lodging are provided.

 

School, Private.  A facility owned and operated by private, corporate, or non-profit interests for the purpose of providing educational instruction.

 

Schools, Public.  A facility owned and operated by a public school district for the purpose of providing educational instruction.

 

Screen.  The act, process, or result of visually shielding or obscuring a structure or use from adjacent property by fencing, walls, berms, densely planted vegetation or other landscaping features.

 

Sensitive Lands.  Lands designated as such by the Sensitive Lands Chapter in the Land Use Code and as reflected on the Sensitive Lands Map.

 

Septic System.  Any on-site subsurface wastewater system designed to service a single-family dwelling unit.

 

Setback.  The distance between a building and the closest of the following: 

 

A.        property line;

B.        platted street/road; or

C.       existing curb or edge of street/road.

 

Sign.  Any device, structure, fixture or placard using writing (including letter, word, or numeral), pictorial presentation (including illustration or decoration), emblem (including device, symbol or trademark), or flag (including banner, balloon or pennant) for the primary purpose of identifying, providing directions or advertising any establishment, product, good or service and is considered: a) attached to, painted on, or in any other manner represented on a building or other structure or device, and is; b) visible from outside the building or structure, including any and all supporting structures and utility structures.

 

Sign Area.  The area in square feet of the smallest rectangle enclosing the total exterior surface of a sign having but one (1) exposed exterior surface. Should the sign have more than one (1) surface, the sign area shall be the aggregate of all surfaces measured as above which can be seen from any one (1) direction at one (1) time.

 

Sign, Civic.  A sign identifying name and/or function of a public building.

 

Sign, Development.  A sign indicating the name of, and information pertinent to, new construction.

 

Sign, Identification and Information.  A sign displayed to indicate the name or nature of a building, or of a use.

 

Sign, Real Estate.  A sign identifying property for sale, lease, or rent.

 

Sign Residential.  A sign identifying a residence.

 

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

 

Site Plan.  A plan required by, and providing the information required by, this Code.

 

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

 

Slope.  The level of inclination of land from the horizontal plane determined by dividing the horizontal run of the land into the vertical rise of the same land and converting the resulting figure into a percentage value.  For purposes of measurement, property must be at least twenty-five feet (25’) vertically and fifty feet (50’) horizontally.

 

Slope, Steep.  Slopes greater than fifteen percent (15%).

 

Solar Energy System.  Any mechanism that heats or provides electricity to a residence or other building, using energy from the sun.

 

Special Event.  Any event, public or private, with either public or private venues, requiring Town licensing beyond the scope of normal business, or could reasonably be interpreted to cause significant public impacts via disturbance, crowds, traffic/parking, or disruption or the normal routine of the community or affected neighborhood.

 

Special Event Applicant.  The person, or group of people, who is, or are, the organizer(s) and with whom the responsibility for conduct of the event lies. The applicant signs the special event license application and all other documents relevant to the event. The applicant must be a natural person or persons, and not a corporation, corporate sponsor, or business, or any other entity which is not a natural person (see Special Event Sponsor).

 

Special Event Corporate Sponsor.  Any business enterprise or combination or business enterprises which provide funding for any special event in the amount of fifty percent (50%) or more of the funds necessary to promote the event or account for fifty percent (50%) or more of the event1s operating expenditure budget.

 

Special Event Sponsor.  A person1 group, or business which has contracted to provide financial or logistical support to any special event. Such agreement may provide for advertising rights, product promotion, logo promotion, and exclusivity of rights, products, or logos.

 

Stable, Public.  Any stable where horses are boarded and/or kept for hire.

 

Staff.  A full or part-time employee of the Town of Rockville charged with carrying out the work of the Town of Rockville.

 

Story, Half.  A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls do not extend more than four feet (4’) above the floor of such story, and the ceiling area of which does not exceed two-thirds (2/3) of the floor area of the same half story.

 

Stream.  Means those streams, excluding ditches and canals constructed for irrigation and drainage purposes, that flow year around or intermittently during years of normal rainfall.

 

Stream corridor.  Means the corridor defined by the stream’s ordinary high water mark.

 

Street.  Any rights‑of‑way, including highways, avenues, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, easements, and other ways.

 

Street Closure.  The deliberate blockage of any public street or Town-owned parking facility to prohibit the flow of traffic or access of vehicles.

 

Street, Public.  A street which has been dedicated and accepted by the Town Council; which the Town has acquired by prescriptive right; or which the Town owns, or accepted for dedication on an approved final plat; or a thoroughfare which as been dedicated or made public by right of use and which affords access to abutting property.

 

Streetscape.  The distinguishing characteristics of a particular street/road including paving materials, adjacent space on both sides of the street, landscaping, retaining walls, sidewalks, building facades, lighting, medians, street furniture and signs.

 

Structure.  Anything constructed, the use of which requires fixed location on the ground, or attachment to something having a fixed location upon the ground; includes "building".

 

Subdivider.  Any individual, firm, association, syndicate, co-partnership, corporation, trust, or other legal entity who created a subdivision for himself or for another.

 

Subdivider's Authorized Representative.  Any person who has been designated by the subdivider in writing which designation has been filled with the Planning Commission as the authorized person to represent the subdivider.

 

Subdivision.  Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, site, units, plots, or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any all other plans, terms, and conditions,

including re-subdivision. Subdivision includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument.

 

Subdivision, Major.  All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four (4) or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, infrastructure, or the creation of any new public improvements.

 

Subdivision, Minor.  Any subdivision containing not more than three (3) lots fronting on an existing public or private street of adequate capacity, not involving any new street or road, or the extension of town infrastructure or facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property(s), and not in conflict with any provision or portion of the Town General Plan, Land Use Map, Official Zoning Map, or these codes and regulations. A minor subdivision must also not require a zone change or re-zone to be subdivided. The subdivider must agree to be bound by the current version of this Code and the Town General Plan and the property must not contain sensitive lands or lie under the Sensitive Lands Overlay Zone

 

Subdivision Plat.  The final map or drawing, described in these regulations, on which the applicant’s plan of subdivision is presented to the Town Council for approval and which, if approved, may be submitted to the Washington County Recorder for filing.

 

Subdivision Sign.  A freestanding or wall sign identifying a recognized single-family or multi-family residential subdivision.

 

Substantial Economic Hardship.  Means denial of reasonable economic use of the property.

 

Suitability Determination.  A determination carried out by the Town to ascertain if a development at increased densities, due to a density transfer from a sensitive area, is compatible with development on surrounding or adjacent property.

 

Temporary Sign.  Any sign, banner, pennant, sandwich board, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other like material displayed on a temporary basis.

 

Town.  For the purpose of this Land Use Code, “Town” shall be the Rockville Town Council, Rockville Planning Commission, Rockville Board of Adjustment or any person or office designated by the above mentioned bodies for the conducting of Town business.

 

Town Attorney.  The attorney employed by or officially representing the Town of Rockville.

 

Town Engineer.  An engineer employed by or officially representing the Town of Rockville.

 

Town Planner.  The planner employed by or officially representing the Town of Rockville.

 

Tract Sign.  An on-site, temporary sign, advertising the original sale of structures or property within a subdivision. A tract shall be defined as any Town parcel with a Town-approved parcel or tract map, whether tentative or final.

 

Treatment Facility.  A twenty-four (24)-hour group living environment for three (3) or more persons who are unrelated to the owner or provider and that offers room or board in a family setting and specialized treatment for rehabilitation services for persons with emotional, physical, psychological, developmental or behavioral dysfunctions, impairments or chemical dependencies.

 

Troubled Youth.  A person under the age of twenty-one (21) years who by actions, disposition or character is determined by the youth's legal guardian, or by appropriate authority, to be in need of special counseling and monitoring within a residential setting.

 

Troubled Youth Facility.  A twenty-four (24)-hour group living environment for three (3) or more persons under the age of twenty-one (21) who are unrelated to the owner or provider and that offers room or board in a family setting and specialized treatment, or rehabilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies.  In residential treatment, individuals are assisted in acquiring the social and behavior skills necessary for living independently in the community.

 

Vantage points.  A height of five feet (5’) above a set reference marker in the following designated vantage points within the Town of Rockville that function to assist in analyzing the visual impact of development on hillsides and steep slopes:

 

A.        Coal Pits Wash (middle of road)

B.        Huber Wash (middle of road)

C.       Top step of Community Center Main Hall

D.       Mesquite Wash Bridge (middle of road)

E.        Junction at Horse Valley Wash

F.        Top step of Schoolhouse in Grafton

G.       Junction of River Road and Grafton Road

H.       Northwest corner of old television relay building on the South Bench

 

Vehicle Sign.  An on-site or off-site sign painted or mounted on, extending from, resting against displayed on top or inside of any vehicle. Vehicles primarily and customarily used to transport persons or property for a business are exempt as determined by the Planning Commission.

 

Venue.  The location or locations upon which a special event or public festival is held, as well as the ingress and egress route when included in the festival license.

 

Wall.  Something resembling a wall in appearance or function.  A partition or any substance that separates two areas.

 

Wall Sign.  Any sign including painted signs which are in any manner affixed to a wall, building or structure, the exposed base of which is situated parallel to the wall and projects less than twelve (12) inches from the building or wall, and covers less than a total of twenty-five (25) percent of the area of a specific parapet or wall to which it is affixed.

 

Water System, Approved Culinary.  A culinary water system which meets the requirements of the Utah State Division of Drinking Water, and is approved by the Southwest Utah Health Department and the Town.

 

Wetlands.  Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (e.g. cattails, sedges, and rushes).  Wetlands generally include swamps, marshes, bogs and similar areas.  Wetlands shall be designated in accordance with the Corps of Engineers Wetlands Delineation Manual (United States Department of Commerce, National Technical Information Service, January 1987).

 

Wetland, Significant.  All wetlands which occupy a surface area greater than one-tenth (1/10) acre or are associated with permanent surface water, or which are adjacent to or contiguous with a stream corridor.

 

Yard.  A required open space on a lot, unoccupied and unobstructed from the ground upward, except as permitted elsewhere in this Code.

 

Yard, Front.  A space on the same lot with a building, between the front line of the building and the front lot line, and extending across the full width of the lot. The “depth" of the front yard is the minimum distance between the front lot line and the front line of the building.

 

Yard, Rear.  A space on the same lot with a building, between the rear line of the building and the rear lot line, and extending the full width of the lot. The "depth” of the rear yard is the minimum distance between the rear lot line and the rear line of the building.

 

Yard Sale.  Sale of goods (generally used household, tools, personal items, etc.) at a garage, yard, or similar place. Does not include retail sale of items purchased wholesale for the purpose of resale. Sales shall not be allowed more than four (4) times each year, and each sale shall not last more than seventy-t