14-3-102 DEFINITIONS (part 2 of 2)

245. PROTECTIVE HOUSING FACILITY: A facility either: a) operated, licensed, or contracted by a governmental entity, or b) operated by a charitable, nonprofit organization, where for no compensation, temporary, protective housing is provided to: 1) abused or neglected children awaiting placement of foster care; 2) pregnant or parenting teens; 3) victims of sexual abuse; or 4) victims of domestic abuse. 246. PUBLIC: That which is under the ownership or control of the United States Government, the State of Utah or any subdivision thereof, Davis County, or the City of Bountiful (or any departments or agencies thereof). 247. PUBLIC OR PRIVATE ASSEMBLY/EVENT SPACE: A business that provides for a fee, indoor and/or outdoor facilities for gatherings, such as weddings, receptions, meetings, parties, ceremonies, or similar activities. 248. PUBLIC UTILITY EASEMENT: The area on a recorded plat map or other recorded document that is dedicated to the use and installation of public utility facilities. 249. READER BOARD SIGN: (see “CHANGEABLE COPY SIGN”) 250. REASONABLE ACCOMMODATION: A change in any rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. The following words have the following definitions: a. Reasonable: A requested accommodation that will not undermine the legitimate purpose of existing zoning regulations notwithstanding the benefit that the accommodation will provide to a person with a disability. b. Necessary: 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 the housing of their choice. c. Equal Opportunity: Achieving equal results as between a person with a disability and a nondisabled person. 251. RECORD OF IMPAIRMENT: Having a record of impairment means having a history of, or having been misclassified as having a mental or physical impairment that substantially limits one or more major life activities. 252. RECREATIONAL VEHICLE PARK: Any area where one or more travel trailer lots are rented for a relatively short term of occupancy to users of such items as travel trailers, tents, motor homes, etc. 253. REGARDED AS HAVING AN IMPAIRMENT: A person is regarded as having an impairment when: a. The person has a physical or mental impairment that does not substantially limit one (1) or more major life activities but is treated by another person as having such a limitation; b. The person has a physical or mental impairment that substantially limits one (1) or more major life activities only as a result of the attitudes of others towards such an impairment; or c. The person has none of the impairments defined in this section but is treated by another person as having such an impairment. 254. REHABILITATION/TREATMENT FACILITY: A facility licensed or contracted by the state of Utah to provide temporary occupancy and supervision of individuals (adults and/or juveniles) in order to provide rehabilitation, treatment, or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol abuse, drug abuse, sexual offenders, sexual abuse, or mental health. Associated educational services may also be provided to juvenile occupants. 255. RELATED: Related by blood, marriage or adoption within the definition of "family" means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild, to include the half as well as the whole blood. 256. RESIDENTIAL FACILITY: Any building or portion thereof where an individual is actually living at a given point and time and intends to remain, and not a place of temporary sojourn or transient visit. 257. RESIDENTIAL FACILITY FOR ELDERLY PERSONS: A dwelling unit that is occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement. A residential facility for elderly persons shall not include any of the following: a. A 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 actual and necessary costs of preparation and maintenance of the facility; b. A facility where persons being treated for alcoholism or drug abuse are placed; a facility 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; or a facility which is a healthcare facility as defined by Title 26, Chapter 21, Section 2, Utah Code Annotated, 1953, as amended; or a facility which is a residential facility for persons with a disability. 258. RESIDENTIAL FACILITY FOR HANDICAPPED PERSONS: A single-family or multiple-family dwelling that meets the requirements of Sections 10-9-601 through 604, Utah Code Annotated, 1953, as amended, and the provisions of this Code. 259. RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: A residence in which more than one person with a disability resides and which is: a. Licensed or certified by the Department of Human Services under Title 62A, Chapter 2, of the Utah Code, licensure of programs and facilities; or b. Licensed or certified by the Department of Human Health under Title 26, Chapter 21, health care facilities licensing and inspection act. 260. RESIDENTIAL SIGN: Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms to all requirements of this Code. 261. RETAIL WAREHOUSE SALE: The sale of products or merchandise to the general public by a manufacturing business established on a site which does not operate a retail outlet as a normal element of its business operation. 262. RETAINING WALL: A wall designed to resist the lateral displacement of soil or other materials. 263. RETIREMENT HOME or RETIREMENT FACILITY: A residential facility designated, occupied, and intended for residents fifty (50) years of age or older where common facilities for cooking and dining are available to all residents and independent facilities are provided for living, sleeping, and sanitation. For purposes of calculating density, three (3) beds shall constitute one (1) dwelling unit. 264. ROOF SIGN: Any sign erected or constructed on or over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. 265. ROOF, HIGHEST POINT: The coping or parapet on a flat roof, the deck of a mansard roof, or the mean level between the eves and the ridge for a gable, hip, or gambrel roof. 266. ROTATING SIGN: (see “Animated Sign”) 267. SCINTILLATE or SCINTILLATING: Light flashes, light sparkling, light starbursts, light twinkling, light pulsating, or any other image transition effect or animation in which an image instantly and repeatedly changes. 268. SCREENING DEVICE: A specific application of a wall or fence to conceal areas used for refuse, mechanical equipment, parking, service or loading bays or lanes, multi-family habitation, and commercial and industrial activities from adjacent residential districts or from street views. 269. SCULPTURED SIGN: A free-form or three-dimensional sign which has a depth greater than two (2) feet. 270. SEASONAL USE: A specific type of temporary use that reoccurs each year for a definite period of time and which occupies the same location and configuration. 271. SECONDHAND MERCHANDISE: The purchase, exchange, or sale of used or previously owned personal property, including precious metals, and as further defined by State Law. 272. SECONDHAND MERCHANDISE DEALER: An owner or operator of a business that deals in secondhand merchandise, and as further defined by State Law. 273. SENIOR LIVING UNIT: Commonly referred to as “senior apartments,” “senior condominiums,” or “retirement community.” An age restricted residential development where residents live independently and do not require assistance with day-to-day activities. 274. SEPARATION: The horizontal distance between signs measured parallel with the street or curb. 275. SETBACK: The shortest horizontal distance between the property line of a lot and the structure or part thereof. 276. SETBACK (sign): The horizontal distance between a property line and the closest edge of the sign structure. 277. SHELTER FOR THE HOMELESS: Charitable lodging or sleeping rooms provided on a temporary basis (usually on a daily basis) to those members of society lacking other safe, sanitary, or affordable shelter. A shelter for the homeless may also include kitchen and cafeteria facilities. 278. SHELTERED WORKSHOP: An onsite supervised educational or vocational training facility for persons with a disability and does not provide any residential facilities. 279. SIGN: Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. 280. SIGN AREA: The total area of all faces and decorative elements of a sign or sign structure, excluding the minimum frame and supports. The exception is that for area calculation purposes, the sign area of a double-faced sign shall be the total area of all face and decorative elements on only one side of the structure. For signs which do not have defined display areas or are irregular in shape, the sign area shall be the area of the smallest rectangle or square which will frame the display. 281. SIGN CONSTRUCTION: The materials, architecture, assembly, and installation of a sign. 282. SIGN DESIGN: The form, features, colors, and overall appearance of a sign structure. 283. SIGN HEIGHT: The vertical distance measured from the highest point of the sign to the grade of the adjacent street, curb, or sidewalk, or the crown of the street where there is no curb or sidewalk. 284. SIGN LOCATION: The position on a property where a sign is to be placed. 285. SIGN MAINTENANCE: The maintenance of a sign in a safe, presentable, and good condition including the replacement of defective parts, repainting, cleaning, and other acts required for the care, good appearance, and safety of said sign. Sign maintenance does not imply that a sign may be altered in any way without a sign permit. 286. SIGN SETBACK: The horizontal distance between a property line and the closest edge of a sign structure. 287. SITE PLAN: A schematic, scaled drawing of a building lot or location which indicates the placement and location of yards, property lines, adjacent parcels, utilities, topography, waterways, irrigation, drainage, landscaping, parking areas, driveways, buildings, trash containers, open storage, streets, sidewalks, curbs, gutters, signs, lighting, fences or other features of existing or proposed construction or land use. 288. SNIPE SIGN: A sign for which a permit has not been issued and which is attached to a public utility fixture or other outdoor structure located within a public right-of-way or easement, or located on public property. 289. SOFTSCAPE: Landscaping consisting of living plants and organic materials. Permeable parking surfaces are not considered landscaping. 290. STATIC: Having no motion of any type or form. 291. STORAGE CONTAINER (see also “CARGO CONTAINER” or “FREIGHT CONTAINER”): A pre-manufactured receptacle or vessel that is or appears to be designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities. 292. STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six (6) feet above grade as defined herein for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered a story. 293. STORY, FIRST: The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four (4) feet below grade, as defined herein, for more than fifty percent (50%) of the total perimeter, or not more than eight (8) feet below grade, as defined herein, at any point. 294. STREET: A publicly dedicated thoroughfare which affords principal means of access to abutting property. The term shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term. 295. STREET, ARTERIAL - MAJOR AND MINOR: A street providing for through traffic movement between areas and across the city, with moderate access to abutting property subject to necessary control of entrances, exits, and curb use. 296. STREET, COLLECTOR - MAJOR AND MINOR: A street providing for traffic movement between major arterials and local streets, and direct access to abutting property. 297. STREET, LOCAL: A street providing for direct access to abutting land, and for local traffic movements. 298. STREET, PRIVATE: A thoroughfare which is designated for private travel and is in private or public agency ownership over which access is legally denied to the public. 299. STREET, PUBLIC: A thoroughfare which is in public ownership and designated for public travel. 300. STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. A building is included in this definition. 301. STRUCTURAL ALTERATION: Any change, addition, or modification in construction of a building or structure, or any change in the structural members of a building or structure, such as walls, partitions, columns, beams, girders, or exits. 302. SUBDIVIDER: The party owning the land that is to be subdivided, or its agent, whether it is an individual, corporation of any form, partnership, or other form of operation. 303. SWAP MEET: The retail sale or exchange of new, handcrafted, or second-hand items conducted by a sponsor for not more than forty-eight (48) hours; includes flea markets. 304. SWIMMING POOL: A water-filled enclosure, permanently constructed or portable, having a depth of more than twenty-four (24) inches below the level of the surrounding land, or an above-surface pool, having a depth of more than thirty (30) inches, which is designed for swimming, wading or bathing. Hot tubs with hard covers and a capacity of less than one thousand (1,000) gallons are not included in this definition. 305. TATTOO PARLOR/BODY ART ESTABLISHMENT: A facility offering services such as tattooing, body piercing, or other body modification procedures in a sterile environment. 306. TEMPORARY SIGN: Any sign that is used only temporarily and is not permanently mounted or fixed to the ground. 307. TEMPORARY CARNIVALS AND FAIRS: A specific type of temporary use that includes the provision of mechanical and animal rides, games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities outdoors or in a tent or other temporary structure. 308. TEMPORARY SALES ACTIVITIES: A specific type of temporary use that includes the sale of products outside of, but in close proximity to, a building by a permanent occupant of a site and includes sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, and similar sales. 309. TEMPORARY SALES OFFICE: A specific type of temporary use that includes a model home or unit within a subdivision, apartment complex, or planned unit development which serves as an office for the sale or lease of property in that subdivision, apartment complex or planned unit development, or a temporary structure located on the site of a development project which serves as a temporary business office while a permanent office is under construction on the site. 310. TEMPORARY USE: A use of land that is short term in nature and that does not involve the erection of a permanent structure or other permanent commitment of the land. 311. THRIFT STORE: A retail operation that deals in secondhand merchandize that is exempt from the provisions of the “Pawnshop and Secondhand Merchandise Transaction Information Act,” set forth in Utah Code 13-32a-101, et seq., and as amended. 312. TOWN-HOUSE (see also “TOWN-HOME” or “ROW-HOUSE”): A series of three or more single-family dwelling units designed and constructed with at least twostories of above ground habitable space, and which are attached horizontally at the foundation, roof, and side wall in a linear arrangement, and which have a private ground level entrance and a totally exposed front and rear wall to be used for access, light, and ventilation. 313. TRADE OR VOCATIONAL SCHOOL: A post high school educational or vocational training facility. 314. TRANSITIONAL HOUSING FACILITY: A facility owned, operated or contracted by a governmental entity or a charitable, not for profit organization, where, for no compensation, temporary housing (usually 3 to 24 months, but in no event less than 30 days) is provided to homeless persons, while they obtain work, job skills, or otherwise take steps to stabilize their circumstances. A transitional housing facility shall not include a shelter for the homeless, and a dwelling unit provided to a family for the exclusive use as part of a transitional housing program, for more than thirty (30) days, shall not be considered to be a transitional housing facility. 315. TRAVEL TRAILER: A vehicle, other than a motor vehicle, which is designed or used for temporary human occupancy and for travel or recreational purposes. 316. UNBUILDABLE LAND (UNUSABLE LAND): Any portion of a property that is encumbered by physical constraints, such as a flood plain, geologic fault, escarpment, or similar feature. In the Residential Foothill Zone (R-F) this definition shall also include any portion of a property that has thirty percent (30%) slope or greater. 317. UNINHABITABLE (see also “Unlivable”): A structure or property that is determined to be unfit, unsafe, or unhealthy to reside in or occupy due to dilapidation, structural damage, fire damage, exposed wires, sanitation issues, etc. 318. UNREGISTERED VEHICLE: Any motor vehicle not currently registered and licensed in accordance with Utah State law. 319. UNSIGHTLY: Blighted condition including the accumulation of debris, litter, rubbish, or rubble; fences characterized by holes, breaks, rot, crumbling, cracking, peeling, or rusting; landscaping that is dead, characterized by uncontrolled growth or lack of maintenance, or damaged; and any other similar conditions of disrepair and deterioration regardless of the condition of other properties in the neighborhood. 320. USE: The purpose for which a parcel or building is designed, arranged or intended or for which it is occupied or maintained. 321. USE, PRINCIPAL: The principal use of land or structures, as distinguished from a secondary or accessory use. 322. UTILITIES: Gas, culinary water, irrigation water, sewer, storm drain, electric power, and telephone lines, including all poles, wires, pipes, boxes, guy wires and bracing associated therewith. 323. VARIANCE: A waiver or modification of the requirements of a land use code as applied to a parcel of property, as set forth in this Title and State Law. 324. VEHICLE PART(S): Any items that can be attached to or included as part of or within any motor vehicle. 325. VICINITY PLAN: A map or drawing, to scale, showing the physical layout 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 classifications of all adjacent land. 326. VIDEO: Simulated movement created by the display of a series of images, creating the illusion of continuous movement. 327. WALL OR FENCE: Any structure or device used for confinement, prevention of intrusion, boundary identification, or screening of an activity. 328. WALL SIGN: Any sign mounted flush against the facade of a building, painted on a building facade, or that is painted in such a way that it gives the visual appearance of being painted on a wall or building facade but not having a frame or separation from the wall or building facade. 329. WIND SIGN: A sign inflated by, or displayed by wind or air. 330. WINDOW SIGN: A sign attached to interior or exterior of either a window or door, or located within a building so as to be visible through a window or door from the outside of the building. 331. WRECKED VEHICLE: Any motor vehicle damaged to such an extent that it cannot be lawfully operated upon a highway. 332. XERISCAPE: A type of landscaping that employs a mix of drought tolerant plants and organic materials. Asphalt, concrete, brick paving, and other impervious surfaces are not considered xeriscape. Parking areas are not considered landscaping. 333. YARD: A required open space on a lot unoccupied and unobstructed from the ground upward, except as permitted elsewhere in this Code. 334. YARD, FRONT: A space in 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 closest point of the building. In the event a development includes a residential unit placed sideways or at some other angle on a lot (rather than facing directly to the street), the area from the front of the building to the property line shall also be considered a Front Yard. 335. YARD, REAR: A space in 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 closest point of the building. In the event a development includes a residential unit placed sideways or at some other angle on a lot (rather than facing directly to the street), the area from the back of the building to the property line shall also be considered a Rear Yard. 336. YARD, SIDE: A space in the same lot with a building, between the side lot line 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 closest point of the building. In the event a development includes a residential unit placed sideways or at some other angle on a lot (rather than facing directly to the street), the area adjacent to the ends/sides of the building do not become the Side Yard. 337. ZERO LOT LINE DEVELOPMENT: Single-family dwellings arranged on lots with one side wall of the building located on the property line. FIGURE 3-1 FIGURE 3-2 ROOF TYPES FIGURE 3-3 FIGURE 3-4 3 - 31