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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. A structure, use or building that has not been utilized for a period of twelve (12) consecutive months. 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. Accent or Architectural Lighting. Lighting of building surfaces, landscape features, statues and similar items for the purpose of decoration or ornamentation; lighting that does not contribute to the safety or security of residents, guests, employees or customers on a property. 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. Chapter 2 Page 1 of 40 Amended 11-20-2013

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Page 1: Chapter 2. Definitions - InfoWestsite.infowest.com/personal/r/rockville/code2013...  · Web viewThe provision of vehicular and/or pedestrian ingress and egress to structures or

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. A structure, use or building that has not been utilized for a period of twelve (12) consecutive months.

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.

Accent or Architectural Lighting. Lighting of building surfaces, landscape features, statues and similar items for the purpose of decoration or ornamentation; lighting that does not contribute to the safety or security of residents, guests, employees or customers on a property.

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.

Administrative Permit. A document issued by the Town staff for permitting a specified use provided the requested use in compliance with applicable zoning regulations.

Advertisement. An enticement designed to stimulate public desire to buy or patronize through signs visible from the public right of way or any off-premises advertising (including, but not limited to, newspapers, magazines, pamphlets, leaflets, radio, television or internet).

Advertising. To call public attention to goods or services by emphasizing desirable qualities in order to create the desire to buy or patronize same.

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.

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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 Grading. Agricultural grading involves the rearrangement or leveling of soil and/or rocks on the same property (not from one property to another).

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.

Agricultural Production. Land devoted to the raising of useful plants and animals with a reasonable expectation of profit, including, but not limited to, general farming, livestock and poultry enterprises, grazing, nurseries, horticulture, viticulture, truck farming, forestry, sod production, wild crop harvesting, nut and fruit crops, honeybees and the on-site structures necessary to conduct these activities.

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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.

Aircraft. Any machine or device, including airplanes, helicopters, gliders, hot air balloons and dirigibles, capable of atmospheric flight.

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.

Appeal Authority. A person, board, commission, agency or other body designated by ordinance to decide appeals of land use applications or variances.

Applicant. The owner or owner’s agent of the property that is the subject of an application. An individual, business or organization applying to the Town for a building permit; a business license; a home occupation permit; a special event permit or other permitted uses.

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.

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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.

Benchmark. A surveyor’s mark made on a stationary object of previously determined position and elevation and used as a reference point in observations and surveys.

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.

Boxcar Storage Container (aka Portable Storage Container). A movable weather-resistant container designed and used for the storage or shipment of property.

Buildable Area. The portion of a lot remaining after required yard setbacks have been provided. Land with an average grade exceeding fifteen percent (15%) shall not be considered a buildable area unless it is approved for construction by the Planning Commission following studies by a geologist, soils engineer or sanitarian.

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 International Building Code, including any 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.

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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.

Civil Engineer. A professional engineer that deals with the design, construction, and maintenance of the physical and naturally built environment, including works like roads, bridges, canals, dams, and buildings.

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.

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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 betweenthings 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 that, because of its unique characteristics for potential impact on the city or town, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.

Congregate Living Facility (CLF). A residence in which five or more persons which do not constitute a family reside, including but not limited to Residential Facilities for the Disabled and Residential Facilities for the Elderly.

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.

Cookie Cutter Housing. Housing that is lacking individuality and is identical or nearly identical in design and floor plan, with little variance in quality and exterior appearance.

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.

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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.

Culinary Water Authority. The department, agency or public entity with responsibility for reviewing and approving the source of water and culinary water system for a property.

Cut. The removal of soil, rock or other materials.

Cut and Fill Slope. As in the building of a road: one cuts (excavates) the high side of the road and fills the low side with the soil, rocks or other materials from that cut. The amount of fill from cuts roughly matches the amount of fill needed to complete the job.

Cut Slope. A slope created by cut activities.

Decorative Lighting. Lighting used for esthetic purposes only; lighting not intended for the purpose of providing safety or security.

Defensible Space. An area either natural or man-made where materials capable of allowing fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire creating an area for fire suppression operations to occur.

Demolition. The deliberate destruction of a building or other structure.

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 Planned Development, permits, zoning or rezoning, subdivision or annexation.

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.

Direct Illumination. Illumination resulting from light emitted directly from a lamp, luminary or reflector. This does not include light reflected from other surfaces such as the ground or building faces.

Disabled/Disability. A physical or mental impairment that substantially limits one or more of a person’s major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. “Disability” does not include current illegal use of, or addiction to, any federally-controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802, or successor law. Disabled/Disability includes those as defined in Section 62A-5-101 UCA and 57-21-2 UCA.

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".

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Dog Grooming. Cleaning and caring for dogs with the intention of making the animal neat and attractive; generally includes bathing, brushing, clipping toenails, cleaning ears and hair trimming.

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.

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

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

Entity (Private). Person, partnership, corporation, Limited Liability Company, organization, business or other lawful entity, which has a legal existence for which accounting records are maintained and financial statements are prepared. Persons and corporations are equivalent entities under the law.

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.

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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.

Excavation. Disturbance to the ground, including, but not limited to, clearing, grubbing, rock removal, cutting, tunneling, drilling or other activity which alters the natural ground.

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 flood-plains, 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. The purpose of this definition is to maintain and preserve the character of the Town’s residential zones devoted to family values and to reduce traffic and parking congestion, population density, noise and other disturbances conflicting with a stable, uncongested residential environment. It is the intent of this ordinance to permit all groups who are the functional equivalent of the natural family to live in zones set aside for residential purposes and to allow those uses recognized by governing law to constitute familial-type living arrangements.

A family is defined as one or more individuals occupying a dwelling unit and living together as a single household unit with common access to, and common use of, all facilities comprising the dwelling unit, as distinguished from a boarding or rooming house, fraternity or sorority house, club, motel and other similar uses.

In general, five or more unrelated persons living in a single dwelling do not constitute the functional equivalent of a traditional family. However, a group of five or more unrelated individuals may request designation by the Planning Commission as the functional equivalent of a family for the purposes of this zoning ordinance. The Planning Commission will hear the request and find that a group qualifies as a family provided the group

A. lives and cooks together in a residence as a "single housekeeping unit";

B. shares expenses for food, rent, utilities or other household expenses;

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C. is, "to all outward appearances, a relatively normal, stable, and permanent family unit";

D. is not "a temporary living arrangement as would be a group of college students sharing a house";

E. will inhabit a dwelling which does not provide "a framework for transients or transient living";

F. shares the entire house; and

G. includes one or more adults domiciled in the residence; any minor occupants are domiciled therein with

1) a parent or another person who has or is in the process of securing legal custody of such individual or individuals; or

2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.

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.).

Fill. A deposit of earth material by hand or mechanical means.

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 property map or chart of a land division that has been accurately surveyed so streets, alleys, blocks, lots, parcels, and other divisions can be identified. It is designed to be recorded in the office of the Washington 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.

Floodlight. A fixture or lamp designed to “flood” an area with light. A specific form of lamp or fixture designed to direct its output in a specific direction. These lamps are often designated as such by the manufacturer and are commonly used in outdoor lighting.

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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. The distance a lot extends measured along the right-of-way line of any dedicated or publicly approved street or upon a private street or right-of-way approved by the Town.

Full Cutoff Fixture. An outdoor light fixture designed so that the installed fixture emits no light above the horizontal plane. Full cutoff light fixtures must be shielded in and of themselves. Surrounding structures, like canopies, are not to be considered when determining if a fixture is full cutoff. Full cutoff fixtures must be appropriately mounted so that the shielding prevents light from escaping above the horizontal and all light is directed downward.

Gabion Basket. A metal or wire cage filled with ballast or stone that is often used in constructing large-scale retaining walls.

Garage, Private. A detached accessory building, or a portion of a main principal building, used or intended to be used for the storage of motor vehicles, recreational vehicles, recreational coaches, boats or other recreational vehicles in which no occupation or business for profit is conducted..

Garage, Repair. A structure or portion thereof other than a private garage operating as a business, used for the general repair, rebuilding or reconditioning of engines and minor collision services, but not including major body, frame or fender repairs or automobile or truck painting.

Gated Community. A gated community is a form of residential community containing strictly controlled entrances and often characterized by a closed perimeter of walls and fences. Gated Communities usually consist of small residential streets and include various shared amenities. For smaller communities this may be only a park or other common area. For larger communities it may be possible for residents to stay within the community for most daily activities.

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.

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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 excavation, fill, or combination thereof.

Grading Plans. A topographic development plan prepared by a professional engineer currently registered in the State of Utah showing existing and proposed contours before and after grading of a site.

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 in an accessory building for temporary use by guests or family members of the occupants of the main living quarters.

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 a structure’s lowest point of ground at the perimeter of the foundation contact with the existing pre-excavated level or from the finished grade, whichever is lower, to the highest point of the structure.

Home Occupation. Any use conducted entirely on the premises and carried out by persons residing in the dwelling unit. Commercial activities that can be accommodated adequately within a private residence or on the premises.

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

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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, or resulting from industry, or having anything to do with the business of manufacturing products.

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.

Internally Illuminated. (As related to signs) Any sign which has a light source that is entirely enclosed within the sign and that is not directly visible to the eye.

Invasive Species. Exotic, non-indigenous plants and trees which have expanded beyond their native range or have been introduced from other parts of the world. For example: salt cedar (a.k.a. tamarisk) is an invasive species which displaces native plants along hundreds of miles of river corridor.

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.

Kennel (Commercial). Any premises where three (3) or more dogs older than four (4) months of age are raised, kept, housed, maintained, boarded, bred or cared for in return for remuneration, are considered to be engaged in a commercial business.

Kennel (Non-Commercial). Any premises where three (3) or more dogs are raised, kept, housed or maintained for the use and enjoyment of the resident for non-commercial purposes.

Kitchen. Kitchen shall mean an area set aside to be used or designated to be used, for the preparation of food. At minimum, a kitchen shall include a sink, stove and refrigerator, as well as an area for food preparation and for storage of cooking utensils and foodstuffs. A kitchen shall be completely separate from the bathroom area.

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Land Use Application. An application form required by Town Land Use Ordinance when applying for a permit for a particular land use.

Land Use Authority. The Planning Commission designated by the Town Council to act upon land use applications.

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

Land Use Ordinance. A planning, zoning, development or subdivision ordinance of the Town which does not include the General Plan.

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

Light Fixture. A complete lighting unit consisting of a lamp or lamps and the part designed to distribute the light, to position and protect the lamp(s), and to connect the lamp(s) to the power supply. Light Pollution. Any adverse effect of artificial light including glare, light trespass, light accumulation, decreased visibility at night, or sky, hill and/or cliff face glow.

Light Source. The part of a lighting fixture that produces light.

Light Trespass. Light falling where it is not wanted or needed. Light falling over property lines that illuminates adjacent grounds or buildings and/or where nuisance glare occurs onto the public right-of-way creating a hazard for drivers.

LODF/Limits of Disturbance Fence. A limiting fence inside the natural property lines, which is used to mark the boundaries of the only area within the property lines which can be graded or disturbed. A LODF is no more than 20 feet beyond the actual excavation site for structures and 10 feet beyond roads, patios, pools, hot tubs, etc.

Local Jurisdiction. The Town of Rockville.

Locally Grown. Produce literally grown and harvested in the Town of Rockville. It does not include produce grown elsewhere and transported to 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.

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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, including all steps necessary to convert raw materials, components or parts into finished good.

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.

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

Native Species. Plants and trees that are indigenous to the Zion Canyon/Colorado Plateau area.

Non-complying 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 which govern the use of the land.

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

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-Site Construction. Any construction related to a platted parcel and/or subdivision that is not within the platted parcel or subdivision.

Off-Site Facilities. Facilities outside of the boundaries of the parcel or subdivision that are designed or located to serve the needs of the subdivision or parcel and/or adjacent properties.

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

On-site Facilities. Facilities installed within, under or upon the public streets, or rights of way, within or on the perimeter of a parcel or subdivision.

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. Open Space, Agricultural. 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

B. Open Space, Natural. 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.

C. Open Space, Recreational. 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.

Outdoor Light Fixture. An outdoor electronically powered illuminating lamp or similar device used for lighting structures, parking lots, pathways, service canopies, recreational areas, signs or other outdoor lighting uses.

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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 legal use of land, structure or activity allowed within a zoning district.

Person. An individual, firm, association, organization, partnership, company, corporation, or legal entity entitled to own property.

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.

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.

Pre-Existing. To exist before (something); to exist previously.

Preliminary Plat. A property map or chart of a proposed land division prepared in accordance with regulations herein prescribed. The preliminary plat is a study that, when approved, will serve as a basis for the preparation of the final plat.

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

Public Meeting. A meeting that is properly notified and open to the public under Utah Title 52 Chapter 4, Open and Public Meetings.

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.

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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.

Quasi-Public. A use, including services rendered, by a private company or corporation whose services benefit the public and may be considered public services. Examples of quasi-public use might include water companies, telephone, electric and other utility services.

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.

Reasonable Accommodation. Reasonable Accommodation. A change in a rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. See 15.6 (C) for specific review standards. As used in this definition:

A. “Reasonable” means a requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability.

B. “Necessary” means the applicant must show that, but for the accommodation, one or more persons with a disability likely will be denied an equal opportunity to enjoy housing of their choice.

C. “Equal opportunity” means achieving equal results as between a person with a disability and a non-disabled person.

Recreation Facility or Park (Commercial). The use of property for recreational facilities operated as a business and open to the general public for a fee.

Recreation Facility or Park (Public). Public land which has been designated for recreational activities including, but not limited to: a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball, tennis or volleyball courts, pedestrian/bicycle paths, open space, wilderness areas or similar public land within the Town which is under the control, operation or management of Town authorities and open to the public with or without a fee.

Recreational Lighting. Lighting used to illuminate sports fields, ball courts, playgrounds and similar outdoor recreational facilities.

Recreational Vehicle. A vehicle, such as a travel trailer, tent camper, camp car or other vehicle with or without motive power, designed 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 purposes.

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.

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Residence. A building used exclusively for residential occupancy and permitted accessory uses, including single family residences, two-family residences and multi-family residences, and having as its primary intended purpose to provide a place for its occupants to reside. The term does not include boarding houses, hotels, motels, tents, vehicles, or other structures designed or used primarily for temporary occupancy.

Residential Facility for the Disabled/Residential Facility for Persons With a Disability. A residence in which two or more persons with a disability reside and which is licensed or certified by the Department of Human Services under Title 62A, Chapter 5, of Utah State Code, Services to People with Disabilities; or is licensed or certified by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.

Residential Facility for the Elderly. A dwelling unit consistent with all existing, applicable land use ordinances affecting the facility's location that is either owned by one of the residents or by an immediate family member of one of the residents, or is a facility for which the title has been placed in trust for a resident; and is occupied on a 24-hour-per-day basis by eight or fewer elderly persons in a family-type arrangement.

A Residential Facility for the Elderly shall not include any facility which is operated as a business (provided that such facility may not be considered to be operated as a business solely because a fee is charged for food or for the actual and necessary costs of operation and maintenance of the facility); where persons being treated for alcoholism or drug abuse are placed; where placement is not on a strictly voluntary basis or where placement is part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution; which is a health care facility as defined by Section 26-21-2 of the Utah Code; or which is a residential facility for persons with a disability.

Re-subdivision. The changing of any existing parcel or parcels of any subdivision plat previously recorded by the Washington County Recorder.

Retaining Wall. A wall built to prevent earth from sliding, water from flooding, rocks from falling, and so forth.

Re-vegetation. The placement, planting, cultivation and continued care of native and/or drought-tolerant vegetation on disturbed areas and slopes, recreating, to the extent possible, conditions on the disturbed areas or slopes that existed prior to grading or construction.

Ridge Line. Means the crest of a hill or slope or topographical high point.

Riprap. A foundation or sustaining wall of stones placed together without order, as in deep water or on an embankment, to prevent erosion.

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

School. A public facility such as a kindergarten, elementary, middle, junior or high school which provides 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.

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Security Lights. Lighting designed to illuminate a property or grounds for the purpose of visual security.

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.

Shop. A commercial establishment where a particular type of work is done (such as carpentry or repairs) or a particular type of service or commodity is offered.

Short Term Rental. The rental of a property for less than thirty (30) days.

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. The plan of a proposed building site, which provides specific information required by this Code and outlined on the Town of Rockville Building Permit Application.

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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 District. An entity established under the authority of Utah Title 17A Special Districts, or other governmental or quasi-governmental agency that is not a county, municipality, school district or unit of the state.

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.

Spotlight. A fixture or lamp designed to light a small area very brightly. A specific form of lamp or fixture designed to light a small area very brightly. These lamps are often designated as such by the manufacturer and are commonly used in outdoor lighting.

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.

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Street. Any legal right-of-way designed for vehicular access.

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 has been dedicated or made public by right of use and which affords access to abutting property.

Street Right-of-Way. That portion of land dedicated to public use for street and utility purposes.

Streets.

Arterial Street. A street, existing or proposed, that serves or is intended to serve more than fifty (50) residential dwelling units.

Collector Street. A street, existing or proposed, that serves or is intended to serve up to fifty (50) residential dwelling units. Any street that intersects SR-9 in two (2) or more locations.

Local Street. A street, existing or proposed, which serves or is intended to serve up to twenty five (25) residential dwelling units.

Minor Street. A street, existing or proposed, which serves or is intended to serve up to ten (10) residential dwelling units.

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 person, trust, developer, firm, corporation, partnership or association causing land to be divided into a subdivision.

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 that is divided, re-subdivided, or proposed to be divided into two (2) or more lots, parcels, sites, units, plots or other division of land for the purpose, whether immediate or future, for offer, sale, lease or development. “Subdivision” includes:

A. The division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat or other recorded instrument; and

B. Divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural and industrial purposes.

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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.

Subsurface Drainage. Any system of pipes, canals, ditches, moats, sumps, etc., that intercepts the ground water and carries it to the Virgin River or other body of water.

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.

Surface Drainage. Any surface system of drainage for the runoff of precipitation or irrigation and carries it to the Virgin River or other body of water. 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.

Thirty Percent Grade. Any ten foot (10') elevation change in any thirty foot (30') horizontal direction.

Tower. Any monopole, antenna, or the like that exceeds eighteen (18) feet in height.

Town. For the purpose of this Land Use Code, “Town” shall be the Rockville Town Council, Rockville Planning Commission, Rockville Variance/Appeal Hearing Officer or any person or office designated by the bodies cited above 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.

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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.

Unshielded Fixture. A fixture that allows light to be emitted above the horizontal either directly from the lamp or indirectly from the fixture or reflector.

Vacant. The state of being empty; without content or occupant.

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.

Vicinity Plan. A map or drawing to scale showing the physical relationship of the proposed development to existing or proposed streets, buildings and utilities; other relevant information such as special terrain or surface drainage; and existing zoning classification of all land within three hundred feet (300’) of the property proposed for development.

Viewshed. Scenic open-space mesa and butte landscapes and their vistas; specifically those vistas seen from critical highpoints along scenic corridors such as 1) Route 9 from the western Town boundary into Rockville and to the Town’s eastern boundary; 2) the Scenic Backway that includes all of Grafton Road down to the Historic Grafton Townsite; 3) up the Smithsonian Butte National Scenic Backway to the Town’s southern boundary.

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

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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.

Watercourse. A body of water contained within a narrow channel and banks that may flow perennially, intermittently or ephemerally. For the purpose of this definition, watercourse means a wash, creek, stream or river: perennial means continuous flow in parts of the channel bed all year round during years of normal rainfall, intermittent means channels that normally cease flowing for weeks or months of each year, and ephemeral means channels that flow only for hours or days following a rainfall.

Watercourse, Significant. All perennial and intermittent watercourses, including washes, streams and creeks, that have water in them all year, or part of the year, are considered significant.

Wetlands. Those areas where water covers the soil, or is present either at or near the surface of the soil all year or for varying periods of time during the year, including during the growing season. Water saturation largely determines how the soil develops and the types of plant and animal communities living in and on the soil. Wetlands may support both aquatic and terrestrial species. The prolonged presence of water creates conditions that favor the growth of specially adapted plants and promote the development of characteristic wetland soil. (Source: EPA, America’s Wetlands: Our vital Link Between Land and Water.)

Wetland, Significant. Generally, wetlands that occupy a surface area greater than one-tenth (1/10) acre, are associated with permanent surface water, are adjacent to or contiguous with a stream corridor, or are deemed significant by a qualified professional for other factors such as location relative to a specialized nesting site.

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-two (72) hours.

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Yard, Side. A space on the same lot with a building, between the sideline of the building, and the side lot line and extending from the front yard to the rear yard. The "width" of the side yard shall be the minimum distance between the side lot line and the sideline of the building.

Zone. (See "District")

Zone Clearance. The determination, made by the Planning Commission that a proposed activity is in compliance with existing zoning regulations.

Zoning Administrator. The local official(s) designated by the Town to enforce the regulations of this Code.

Zoning Ordinances. The Town of Rockville Land Use Code.

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