17-04-035 IMPACT FEES, ENFORCEMENT, PERMITS, AND PENALTIES: DEFINITIONS

Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this title. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word “building” shall include the word "structure," the words "used" or "occupied" shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used or occupies, 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 words plot, or parcel. Words used in this title but not defined in this section shall have the meaning as defined in any other ordinance adopted by the local jurisdiction. "Accessory use or building" means a use or building on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or building. "Agent of owner" means any person who can show written proof that he is acting for the property owner and with the property owner's knowledge and permission. "Agricultural industry or business" means an industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the planning commission. "Agriculture" means the tilling of the soil, the raising of crops, horticulture and gardening, commercial greenhouses; breeding, grazing and keeping or raising of domestic animals and fowl, except household pets, and not including any agricultural industry or business, such as fruit packing plants, fur farms, animal hospitals, or similar uses. "Alley" means a public access-way less than twenty-six feet 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 title. Alterations, Structural. "Structural alterations" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders. "Apartment house" means any building arranged, intended or designed to be used or occupied by three or more families living independently of each other. "Architectural projection" means any building or structural projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building or structure, but not including signs. "Automatic car wash" means a facility for automatic or self-service washing and cleaning of automobiles and trucks. "Automobile paint shop" means a facility for painting of automobiles, trucks, trailers, boats, or other travel or recreation vehicles or units. "Automobile sales area" means an open area used for display, sale, or rental of new or used motor vehicles, mobile homes, recreational coaches, or recreation vehicles in operable condition. "Automobile service station" means 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" means an expression of rise or fall in elevation along a line perpendicular to the contours of the land, connecting the highest point of land within an area or within a lot. A vertical rise of one hundred feet between tow points, one hundred feet apart, measured on a horizontal plane is a one hundred percent slope. "Basement" means a story whose floor is more than twelve inches below the average level of the adjoining ground, but where no more than one-half of its floor-to-ceiling height is below 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. "Basement house" means a residential structure without a full story structure above grade. "Beginning of construction" means the pouring of concrete footings for a building or structure. "Block" means 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 plat. "Body and repair shop" means a facility for major automobile, truck, mobile home, recreational coach or recreation vehicle repairs to body, frame, or fenders, and including rebuilding. The shop may include general repair, rebuilding or reconditioning of engines to all of the above mentioned vehicles. Such shop may also include incidental storage, care, washing or sale of automobiles. "Building" means any structure having a roof supported by columns or walls and intended or used for the shelter, housing or enclosure of persons, animals or chattels. Building, Accessory. "Accessory building" means 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, Height of. "Height of building" means the vertical distance from the average finished grade surface to the highest point of the building roof or coping. "Building inspector" means the official designated as the building inspector for the local jurisdiction by the governing body. The building inspector may also be the zoning administrator, if so designated. “Camping” means a temporary establishment of living facilities such as tents or recreational coaches as regulated by this title. "Carport" means a private garage not completely enclosed by walls or doors. For the purpose of this title, a carport shall be subject to all the regulations prescribed for a private garage. "Cellar" means a room or rooms wholly under the surface of the ground, or having more than fifty percent of its floor to ceiling height under the average level of the adjoining ground. "Child nursery" means an establishment for the care and/or the instruction of five or more children, for compensation, other than for members of the family residing on the premises, but not including a public school. "Church" means a building, together with its accessory buildings and uses, maintained and controlled by a duly recognized religious organization where persons regularly assemble to worship. Clinic, Dental or Medical. "Dental or medical clinic" means a building in which a group of dentists, physicians, and allied professional assistants are associated for the conduct of their professions. The clinic may include a dental and/or a medical laboratory and an apothecary, but it shall not include in-patient care or operating rooms for major surgery. "Conditional use" means a use of land for which a conditional use permit is required, pursuant to this title. "Corral" means a space, other than a building, less than one acre in area, or less than one hundred feet in width, used for the confinement of animals or fowl. "Court" means an open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, and which is bounded on two or more sides by such building or buildings. Coverage, Building. "Building coverage" means the percent of the total site area covered by buildings. "Crosswalk or walkway" means a right-of-way to facilitate pedestrian access through a subdivision block; designed for use by pedestrians and not for use by motor vehicles; may be located within or without a street right-of-way, at grade, or separated from vehicular traffic. "Dairy" means a commercial establishment for the manufacture, processing or packaging of dairy products, and their sale; for purposes of this definition, the production of milk on a farm for wholesale marketing off the premises shall not classify the farm as a dairy. "District" means a portion of the territory of the local jurisdiction, established as a zoning district by this title, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title; also includes "zone," and "zoning district." "Driveway" means a private roadway, the use of which is limited to persons residing, or otherwise using or visiting the parcel on which the driveway is located. "Dwelling" means 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, but not including a tent, recreational coach, hotel, motel, hospital, or nursing home. Dwelling, Farm or Ranch Housing. "Farm or ranch housing dwelling" means dwelling units constructed to provide housing for persons permanently working on a farm or ranch. "Dwelling group" means a group of two or more detached buildings used as dwellings, located on a lot or parcel of land. Dwelling, Multiple-Family. "Multiple-family dwelling" means a building arranged or designed to be occupied by more than two families, and having more than two dwelling units. Dwelling, Single-Family. "Single-family dwelling" means a building arranged or designed to be occupied by one family, the structure having only one dwelling unit. Dwelling, Two-Family. "Two-family dwelling" means a building arranged or designed to be occupied by two families, the structure having only two dwelling units, also described as a duplex. "Dwelling unit" means one or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one family for living or sleeping purposes and having one but not more than one kitchen or set of fixed cooking facilities, other than hot plates or other portable cooking units. "Easement" means 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. "Family" means an individual, or two or more persons related by blood, marriage, or adoption, or a group of not more than four persons (excluding servants) who are not related, living in a dwelling unit as a single housekeeping unit and using common cooking facilities. "Family food production" means the keeping of domestic animals and fowl for the production of food for the sole use of the family occupying the premises. "Flood hazard" means 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 watercourses. "Floor area" means the area included within surrounding walls of a building or portion thereof, exclusive of vents, shafts, and courts. "Forest industry" means an industry which uses forest products, such as sawmill, pulp or paper plant, wood products plant, and similar uses. Frontage, Block. "Block frontage" means all property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts or that common line between a lot and a public street. Frontage, Lot. "Lot frontage" means the lineal measurement of the front lot line. Garage, Private. "Private garage" means a detached accessory building, or a portion of a main building, used or intended to be used for the storage of motor vehicles, recreational coaches, boats, or other recreational vehicles. "Grade" means: For buildings adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. For buildings adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining the street. 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. Any wall parallel to and not more than five feet from a street line is to be considered as adjoining the street. "Governing body" means the elected legislative body of the local jurisdiction. "Home occupation" means any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no display, nor stock in trade, nor any employees. A home occupation shall not include sale of commodities except those produced on the premises. Home occupation shall include the use of the home by a physician, surgeon, dentist, lawyer, clergyman, engineer, barber, beautician, or other professional trade or profession. Home occupation shall include the care of not more than six children other than members of the family residing in the dwelling. In all cases where a home occupation is engaged in, there shall be no advertising of said occupation, no window displays, or signs except as hereinafter permitted, and no employees employed. Home occupation shall not be interpreted to include the following: commercial stables; kennels; real estate offices other than an individual in his own home as outlined above; band instrument instruction in groups. "Hospital" means an institution for the diagnosis, treatment and care of human illness or infirmity, but not including sanitariums and clinics. "Hotel" means a building designed for or occupied as the more or less temporary abiding place of ten or more individuals who are, for compensation, lodged, with or without meals. "Household pets" means animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, and canaries, but not including a sufficient number of dogs as to constitute a kennel as defined in this title. Household pets may include up to 10 (ten) chickens, provided they are confined to the owner’s lot, but no roosters. Household pets may also include the keeping of not more than ten pairs of chinchillas, but not including the keeping of normally dangerous animals, such as lions or tigers. "Inundation" means ponded water or water in motion of sufficient depth or velocity to damage property, due to the presence of the water or to the deposit of silt. "Junk" means old and 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 nonferrous metal materials. "Junkyard" means the use of any lot, portion of a lot, or tract of land for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of automobiles, or other vehicles, or machinery or parts thereof; provided that this definition shall be deemed not to include such uses which are clearly accessory and incidental to any agricultural use permitted in the district. "Kennel" means any premises where three or more dogs older than four months are kept, except that more than three of such dogs may be kept in the rural residential, agricultural and multiple use districts as accessory uses to a use allowed in the district. "Local attorney" means the attorney employed by or officially representing the local jurisdiction. "Local building inspector" means the building inspector employed by or officially representing the local jurisdiction. "Local engineer" means the engineer employed by or officially representing the local jurisdiction. "Local health officer" means the health officer of department employed by or officially representing the local jurisdiction. "Local jurisdiction" means Enterprise, Utah. "Local planner" means the planner employed by or officially representing the local jurisdiction. "Lot" means 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 three or more smaller units. Lot, Corner. "Corner lot" means a lot abutting upon two or more streets at their intersection or upon two 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. "Lot depth" means the horizontal distance between the front and the rear lot lines measured in the main direction of the side lot line. Lot, Interior. "Interior lot" means a lot other than a corner lot. "Manufactured home" means a structure built after June 16, 1976, transportable in one or more sections, which is built 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. "Mobile home" means a structure built prior to June 15, 1976, transportable in one or more sections, which is eight body feet or more in width and thirty-two 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 conditioning, and electrical systems contained therein. "Mobile home awning or cover" means 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" means 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" means a parcel of land within an approved mobile home park which is designed and intended for the accommodation of one mobile home. "Mobile home subdivision" means a residential subdivision as shown in the records of the Washington County Recorder's office designated and approved in accordance with the subdivision ordinance of Enterprise City, together with certain accessory buildings and uses providing for the enjoyment and benefit of the residents of the subdivision in which individual ownership of a lot is permitted for the placement of one mobile home for a dwelling unit or sleeping purposes. "Modular home" means a structure built in accordance with the standards set forth in the Uniform Building Code adopted and in effect at the time of construction which is composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. "Motel" means 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. "Nonconforming building or structure" means a building or a structure which does not conform to the regulations for height, coverage or yards of the district in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its erection. "Nonconforming use" means the use of a building or structure or land which does not conform to use regulations for the district in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its establishment. "Nursing home" means an institution, other than a hospital, for the care of human illness or infirmity in which care, rather than diagnosis or treatment, constitutes the principal function. The term "nursing home" shall also include "rest home" and "convalescent home." "Official map" means a map which has been adopted as the official map of the local jurisdiction, showing existing public streets, streets on plats of subdivisions which have been approved by the planning commission, and/or other street extensions, widening, narrowing, or vacations which have been accurately surveyed and definitely located. "Off-street parking space" means the space required to park one passenger vehicle, which space shall meet the requirements of this title. "Open space" means the area reserved in parks, courts, playgrounds, golf courses, and other similar open areas to meet the density requirements of planned unit developments. Open Space, Usable. "Usable open space" means any portion of a lot or building which meets all the following conditions: The space shall be open to the sky or shall be open to view on at least two sides. The space shall be readily accessible by foot traffic from the dwelling unit to which it is accessory. If the space is provided on a balcony, roof, or other facility above grade, it shall have such protective devices as are deemed necessary by the zoning administrator to assure reasonable safe usage by children and adults. The space shall not be provided from any required front or side yard, parking area, or driveway space. "Passive solar energy system" means a solar energy system that uses natural and architectural components to collect and store solar energy without using any external mechanical power. Pedestrian-Way. See "Cross-walk." "Planned district" means a zoning district, the boundaries of which are to be shown on the zoning map, but the regulations for which shall be determined by a general development plan to be adopted by the governing body as part of the zoning ordinance, after public hearing, as required for other zoning district. "Plot plan" means a plat of a lot, drawn to scale, showing its actual measurements, the size and location of any existing building or 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 planning commission. "Recreational home" means a structure built in accordance with the standards set forth in the Uniform Building Code for which the building official has issued a building permit and inspected and approved the structure for occupancy. A recreational home shall not exceed a total of five hundred sixty square feet of space as measured inside the exterior walls. In the case where the structure is prefabricated outside the City limits of Enterprise City, the applicant for a building permit shall obtain a certificate of approval as allowed under Section 5006 of the Uniform Building Code indicating compliance with such code. Recreational homes are restricted to location only in approved mobile home or recreational vehicle subdivisions as defined herein. "Recreational vehicle" means a vehicular unit, other than a mobile home, primarily designed as a temporary dwelling for travel, recreational and vacation use, which is either self-propelled or is mounted on or pulled by another vehicle, including, but not limited to: a travel trailer, a camping trailer, a truck camper, a motor home, a fifth wheel trailer and a van. "Recreational vehicle awning" means a lightweight overhead structure used in conjunction with a recreational vehicle, for the purpose of shading or weather protection of areas such as carports, patios, porches and windows. Said awnings shall not be permitted to have attached siding, or be enclosed in any way. "Recreational vehicle park" means an approved residential development, together with certain accessory buildings and uses providing for the enjoyment and benefit of patrons of the park, in which individual spaces are provided for the parking of a recreational vehicle for temporary portable housing and sleeping purposes, whether or not a charge is made for such accommodation. "Recreational vehicle space" means a parcel of land within an approved recreational vehicle park which is designed and intended for the accommodation of one recreational vehicle. "Recreational vehicle subdivision" means an approved residential development, together with certain accessory buildings and uses providing for the sale of individual lots in fee simple for the purpose of accommodating a recreational vehicle or home. "Solar collector" means a device, or combination of devices, structure, or part of a device or structure that transforms direct solar energy without using any external mechanical power. "Solar energy" means radiant energy (direct, diffuse, and reflected) received from sun. "Solar energy system" means a complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy (to the extent they cannot be used jointly with a conventional energy system). Passive solar energy systems are included in this definition but not to the extent that they fulfill other functions such as structural and recreational. "Solar sky space" means the space between a solar energy collector and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost-effective operation. School, Public. "Public school" means a school operated by a school district or other public agency in the state of Utah. "Sign" means a presentation or representation of words, letters, figures, designs, picture or colors, publicly displayed so as to give notice relative to a person, a business, an article of merchandise, a service, an assemblage, a solicitation, or a request for aid; also, the structure or framework or any natural object on which any sign is erected or is intended to be erected or exhibited or which is being used or is intended to be used for sign purposes. "Sign area" means the area of a sign that is used for display purposes, excluding the minimum frame and supports. Should the sign have more than one surface, the sign area shall be the aggregate of all surfaces measured in square feet which can be seen from any one direction at one time. Sign, Freestanding. "Freestanding sign" means a sign which is supported by one or more upright columns, poles, or braces, in or upon the ground. Sign, Identification and Information. "Identification and information sign" means a sign displayed to indicate the name or nature of a building, or of a use. Sign, Illuminated. "Illuminated sign" means a sign in which a source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs. "Site plan" means a plan required by, and providing the information required by, Section 17-56-040. Stable, Private. "Private stable" means a detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for hire, remuneration, or sale. Stable, Public. "Public stable" means any stable where horses are boarded and/or kept for hire. "Structure" means 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." "Vicinity plan" means a map or drawing, to scale, showing the physical relationships of the proposed development to existing or proposed streets, buildings and utilities; other relevant information such as special terrain or surface drainage. "Yard" means a required open space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as permitted elsewhere in this title. Yard, Front. "Front yard" means 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. "Rear yard" means 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, Side. "Side yard" means a space on the same lot with a building, between the side 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 side line of the building. Zone. See "District." "Zoning administrator" means the local official designated by the local governing body to enforce the regulations of this title; the zoning administrator may also be the building inspector. "Zoning ordinance" means the zoning ordinance of the local jurisdiction. (Ord. 17.04.035 1990)