The following words and phrases used in this title shall have the respective meanings hereinafter set forth, unless a different meaning clearly appears from the context:
ADJACENT LANDOWNER: Any property owner of record, according to the record of the county recorder, whose property adjoins or abuts property proposed for subdivision or any portion thereof within four hundred feet (400').
ALLEY: A strip of land dedicated to public use providing vehicular and pedestrian access to the rear side of properties, which is more than thirty feet (30') in length and not less than twenty feet (20') wide.
BLOCK: The land surrounded by streets and other rights of way other than an alley, or land which is designated as a block on any recorded subdivision plat.
BONA FIDE DIVISION OR PARTITION OF AGRICULTURAL LAND FOR AGRICULTURAL PURPOSES: The division of a parcel of land into three (3) or more lots or parcels, none of which is less than twenty (20) acres in area; and provided, that no dedication of any street is required to serve any such lots or parcels of agricultural land so created.
CITY: Duchesne City.
CITY COUNCIL: The city council of Duchesne City, Utah.
CITY ENGINEER: Any registered civil engineer appointed by the city council to be the city engineer.
CONDOMINIUM PROJECT: A real estate condominium project, a plan or project whereby two (2) or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. "Condominium project" shall mean the property where the context so requires.
DEDICATION: Land set aside by an owner for any general and public use, reserving for himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat showing the dedication thereof; and the acceptance by the public shall be evidenced by the approval of the plat for recording by the city council.
EASEMENT: That portion of a lot or lots reserved or granted for the present or future use by a person or agency other than the legal owner or owners of said property or properties. The easement may be for use under, on the surface or above said lot or lots.
FINAL PLAT: The final drawing of the subdivision and dedication prepared for filing for record with the county recorder and in compliance with all the requirements set forth in this title adopted pursuant thereto.
IMPROVED LOT: A lot having the utility services, to include culinary water, sewer, electric and natural gas (if available). Also to include curbs and gutter and fronting on paved roads.
LOT: A parcel of land comprising a unit within a subdivision or a unit of land for building development or transfer of ownership, together with such yards, open spaces, lot width, and area as required by this title and the zoning ordinance of Duchesne City.
MASTER STREET PLAN: A plan, labeled "Master Street Plan Of The City Of Duchesne" approved by the city council pursuant to Utah Code Annotated section 10-9-301 et seq.
OFFICIAL MAP: A map adopted by the city council under the provisions of Utah Code Annotated section 10-9-301 et seq.
PARCEL OF LAND: A contiguous quantity of land in the possession of, owned by, or recorded as the property of the same owner or person.
PERSON: Any individual, corporation, partnership, firm, or association of individuals, registered in the state of Utah, however styled or designated.
PLANNING COMMISSION: The Duchesne City planning commission.
PLAT: A map or depiction of a subdivision, showing thereon the division of a tract or parcel of land into lots, streets and alleys or other divisions and dedications.
PROTECTION STRIP: A strip of land bordering both the boundary of a subdivision and a street within the subdivision for the purpose of controlling the access of property owners abutting the subdivision to the street.
SINGLE TRACT OF LAND: A parcel of land, not part of a subdivision or minor subdivision, that is suitable for development purposes for residential, industrial, commercial or public use.
STREET: A thoroughfare which has been dedicated or abandoned to the public and accepted by the proper public authority, or a thoroughfare not less than thirty feet (30') wide which has been made public by right of use and which affords the principal access to the abutting property, and/or provides vehicular circulation.
STREET, ARTERIAL: A street, existing or proposed, which serves or is intended to serve as major trafficway and is designated on the master street plan as a controlled access highway, major street, parkway or other equivalent term to identify those streets comprising the basic structure of the street plan, to be no less than eighty feet (80') in width.
STREET, COLLECTOR: A street, existing or proposed, of considerable continuity, which is the main means of access to the arterial street system, to be no less than sixty feet (60') in width.
STREET, CUL-DE-SAC: A minor terminal street provided with a turnaround with a one hundred foot (100') minimum diameter. Cul-de-sac streets shall not be any longer than four hundred fifty feet (450') from the centerline of the adjoining street to the center of the turnaround to be no less than fifty six feet (56') in width.
STREET, MARGINAL ACCESS: A minor street which is parallel to and adjacent to a limited access major street and which provides access to abutting properties and protection from through traffic.
STREET, PRIVATE: A thoroughfare within a subdivision which has been reserved by dedication unto the subdivider or lot owners to be used as private access to serve the lots platted within the subdivision. Private streets shall comply with the adopted street cross section standards of the city and shall be maintained by the subdivider or other private agency.
STREET, RESIDENTIAL: A street, existing or proposed, which is supplementary to a collector street and of limited continuity, which serves or is intended to serve the local needs of a neighborhood, to be not less than fifty six feet (56') in width.
SUBDIVIDER: Any person, including a corporate person, who undertakes to create a subdivision.
SUBDIVISION:
1. Any land that is divided, resubdivided 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 either on the installment plan or upon any and all other plans, terms, and conditions.
2. The term includes:
1. The division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument; and
2. Except as provided in subsection C of this definition, divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.
3. The term does not include:
1. A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land if neither the resulting combined parcel nor the parcel remaining from the division or partition violates the city zoning ordinance;
2. A recorded agreement between owners of adjoining properties adjusting their mutual boundary if:
1. No new lot is created; and
2. The adjustment does not result in a violation of the city zoning ordinances; or
3. A recorded document, executed by the owner of record, revising the legal description of more than one contiguous parcel of property into one legal description encompassing all such parcels of property.
4. The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a "subdivision" under this definition as to the unsubdivided parcel of property or subject the unsubdivided parcel to this title.
SUBDIVISION, CLUSTER: A subdivision of land in which the residential lots have areas less than the minimum lot area of the zone in which the subdivision is located and in which a significant part of the land is privately reserved or dedicated as permanent open space to provide an attractive low density character for the residential lots in the subdivision.
SUBDIVISION, MINOR: Any division of land which: a) consists of fewer than five (5) lots; b) does not require the dedication of any land for streets or other public uses; c) will not be transversed by a proposed street or a street to be widened as portrayed on the master plan or on the official map; d) each of the lots complies with the width and area requirements of the zoning ordinance; and e) the lots are not part of a minor subdivision approved less than three (3) years earlier.
ZONING ADMINISTRATOR: The individual assigned to this position is the Duchesne City building inspector and/or any other person appointed by the mayor and city council. The individual is to enforce this title and the zoning ordinance as established.
ZONING ORDINANCE: The zoning ordinance of Duchesne City as adopted by the city council and as amended. (Ord. 86-3, 3-11-1986; amd. 2004 Code)