2-2 DEFINITIONS: Definitions (part 1 of 2)

As used in the Erda Land Use Ordinance: (1) A "frame sign” means a temporary or a movable sign constructed with two sides attached at the top so as to allow the sign to stand in an upright position. (2) “Abandoned sign” means a sign that no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, or for which no legal owner can be found. (3) “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. It does not include garages, decks or fences. (4) “Accessory dwelling unit- detached (Detached ADU) means an accessory dwelling unit that shares no common walls or roof with the principal dwelling unit that has its own eating, sleeping, and sanitation facilities. (5) “Accessory dwelling unit-internal (Internal ADU) means a residential dwelling unit occupied as a separate dwelling unit that has its own eating, sleeping, and sanitation facilities which are located within or attached to a single-family residential dwelling. (6) “Agent” means any person who can show written proof that he is acting for another and with the person's knowledge and permission. (7) “Agriculture” means cultivating the soil; raising crops; horticulture and gardening; breeding, grazing, keeping or raising of domestic animals and fowl, except household pets; and not including any agricultural industry or business. (8) “Agricultural industry or business” means an industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, such as commercial greenhouses, feedlots, fruit stands, fur farms, food packaging or processing plants; and commercial poultry or egg production. (9) “Agricultural protection area" means a geographic area created under the authority of Title 17, Chapter 41, Utah Code Annotated. (10) “Airport” means an area designed and set aside for the landing and taking off of aircraft. (11) “Amusement park” means a commercially operated park with a predominance of outdoor games and activities for entertainment, which may include motorized rides, water slides, miniature golf, batting cages, and the like. (12) “Animal Unit” means a unit of measurement used to calculate the number of animals allowed per acre. A counted animal’s offspring are not included in the calculation until: (a) For large animals, nine months or weaned, whichever comes first. (b) For medium animals, six months or weaned, whichever comes first. (c) For small animals, four months or weaned, whichever comes first. (13) “Architectural projection” means a projection from a building necessary for the shading of a building or features, such as eaves, platforms, porches, sills, cornices, and chimneys, but not including signs attached to and extending from the building. (14) “Assisted living facility” means: (a) a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who: (i) require protected living arrangements; and (ii) are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and (b) A type II assisted living facility, is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. (15) “Automatic car wash” means a facility for automatic or self-service washing and cleaning of vehicles. (16) “Automatic teller machine” or “ATM” means an automated device that performs banking or financial functions at a location remote from the controlling financial institution. (17) “Automobile dealership” means a retail business characterized by the selling, leasing, and maintaining an inventory of new or used automobiles, light trucks, vans, trailers, recreational vehicles, boats, motorcycles, off-highway-vehicles (OHV) or other similar motorized transportation vehicles; and may provide on-site facilities for the repair and service of vehicles. (18) “Automobile impound facility” means a facility for temporarily storing of vehicles to be claimed by the owners or their agents. (19) “Automobile mall” means a single location that provides sales space and centralized services for several automobile dealers and that may include such related services as auto insurance dealers and credit institutions that provide financing opportunities. (20) “Automobile parts/supply, retail” means displaying and selling new and used parts for automobiles, trucks, trailers, boats, or other travel or recreation vehicles. (21) “Automobile repair facility” An establishment primarily engaged in the mechanical or electrical repair of automobiles, motorcycles, and recreational vehicles. Typical uses include auto repair garages, tire sales and installation, wheel and brake shops and similar repair and service activities. All repair and service shall occur within an enclosed building. This does not include body and fender shops, and dismantling or salvage of any vehicles. (22) “Average percent of slope” means an expression of rise or fall in elevation along a line perpendicular to the contours of the land to the lowest point of land within an area or a lot. A vertical rise of 100 feet between two points 100 feet apart measured on a horizontal plane is a 100 percent slope. (23) “Awning” means a shelter of non-rigid materials on a supporting framework projecting from and supported by the exterior wall of a building. Compare “Marquee.” (24) “Awning sign” means a sign painted on, printed on, or attached flat against the surface of an awning. (25) “Banner sign” means a sign with characters, letters or illustrations applied to cloth, paper, flexible plastic or fabric with only such material for backing. (26) “Basement” means a story whose floor is more than 12 inches below the average level of the adjoining ground, but where no more than half of its floor-to-ceiling height is below the average contact level of the adjoining ground. (27) “Basement house” means a residential structure without a complete story structure above grade. (28) “Bed and breakfast” means a private owner-occupied residence with no more than three guestrooms and the guest use is subordinate and incidental to the primary residential use, and where individual guests are prohibited from staying for more than fourteen consecutive days and no more than fourteen days in any three month period. The definition does not include a convention facility, hotel, motel, rooming, boarding house, or restaurant. (29) “Bed and breakfast inn” means a private owner occupied residence with no more than ten guestrooms, and where individual guests are prohibited from staying for more than fourteen consecutive days and no more than fourteen days in any three-month period. The definition does not include a convention facility, hotel, motel, rooming, boarding house, or restaurant. (30) “Beginning of construction” means pouring concrete footing for a building or structure. (31) “Billboard.” See “Off-premise sign.” (32) “Block” means the land surrounded by streets or other rights-of-way, other than an alley, or land designated as a block on any recorded subdivision plat. (33) “Boarding house” means a dwelling where, for compensation, meals are provided for at least three but not more than 15 persons. (34) “Body and fender shop” means a facility for significant automobile, truck, mobile home, recreational coach or recreation vehicle repairs to the body, or fenders, and including substantial rebuilding. (35) “Buildable area” means the portion of a lot remaining after the required yards have been provided. (36) “Building” means any structure used or intended to be used for sheltering any use, occupancy, or enclosure of persons, animals, or property. (37) “Building, accessory.” See “Accessory use or building.” (38) “Building height of” means the vertical distance from the average finished grade surface to the highest point of the building roof or coping. (39) “Building inspector” means the official designated as the building inspector for the city. (40) “Building line” means the inner edge of any required yard or setback, and the corresponding outer edge of the buildable area. (41) “Campground” means a public area designated by a public agency for camping or a private area licensed by Erda for camping. (42) “Camping” means sleeping or otherwise being in a temporary shelter outdoors, sleeping outdoors, cooking over an open flame or fire outdoors, laying down bedding or setting up a tent, shelter, or similar structure for sleeping or temporary living. (43) “Canopy Building” means a rigid multi-sided structure covered with fabric, metal or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at different points or extremities. Compare “Awning.” (44) “Canopy, freestanding” means a rigid multi-sided structure covered with fabric, metal, or other material supported by columns or posts embedded in the ground. (45) “Canopy sign” means a sign affixed or applied to the exterior facing surface or surfaces of a building or freestanding canopy. (46) “Carport” means a private garage with no more than one wall and no overhead door. (47) “Cellar” means a room or rooms wholly under the ground’s surface, or having more than 50 percent of its floor-to-ceiling height under the average level of the adjoining ground with access from the outside and not entering directly into another building or dwelling. (48) “Child care” means continuous care of and supervision of five or more children under 18years of age for a portion of the day that is less than 24 hours, instead of care ordinarily provided by parents in their own home, for direct or indirect compensation. (49) “Church” means a building, together with its accessory buildings and uses, maintained and controlled by a religious organization where persons regularly assemble for worship. (50) “Clearance of a sign” means the vertical distance from the established grade level to the bottom of the sign or sign cabinet. (51) “Clear view zone” means the area of a corner lot closest to a street intersection or a street and railroad intersection. Free of visual impairment to allow full view of both pedestrian and vehicular traffic. (a) For street intersections, such an area is established by marking a point at which the two curb lines intersect, measuring back 40 feet along each street, and drawing a line between the two back points to form a triangular area. (b) For street and railroad intersections, such an area is established by marking a point at which the edge of the street pavement and the closest railroad track intersect, measuring back 40 feet along the edge of the street and railroad track, then drawing a line between the two back points to form a triangular area. (52) “Clinic, dental or medical” means a building in which a group of dentists, physicians, and professional assistants are associated for the conduct of their professions and may include a laboratory or apothecary, but it shall not involve in-patient care or operating rooms for major surgery. (53) “Club, social” means any organization, group, private nonprofit locker club, or association supported by its members whose sole purpose is to render a service to its members and their guests. (54) “Common area” means any space designed for joint use of residents of a condominium, apartment complex, etc. (55) “Community center” means a building used for meeting, recreation, or social activity and not operated for profit. (56) “Community management” means the person who owns or has charge, care or control of a condominium, apartment complex, etc. (57) “Companion animal,” see “household pets.” (58) “Comprehensive plan” means general plan. (59) “Conditional use” means a land use that, because of its unique characteristics or potential impact on the city, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. (60) “Condominium” means the ownership of a single residential unit in a multi-unit project together with an undivided interest in common in the common areas and facilities of the property. (61) “Condominium project” means a plan or project whereby two 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. A condominium project also means the property when the context requires it. (62) “Condominium unit” means a residential unit of a condominium project together with the undivided interest in the common areas and facilities appertaining to that unit, including both a physical unit together with its appurtenant undivided interest in the common areas and facilities and a period unit together with its appurtenant undivided interest, unless the reference is expressly limited to a time period. (63) “Conservation standards” means guidelines and specifications for soil and water conservation practices and management, enumerated in the Technical Guide prepared by the USDA Natural Resources Conservation Services, adopted by the Soil and Water Conservation District supervisors, and containing suitable alternatives for the uses and treatment of land based upon its capabilities, from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation plan. (64) “Construction equipment and supply trailer, temporary” means mobile equipment, travel trailer, truck trailer, or other structure used as equipment and supply shed in conjunction with a construction project. The construction equipment and supply trailer is not a residence or dwelling. (65) “Construction field office, temporary” means a mobile office, travel trailer, or other structure used as an office in conjunction with a construction project. The construction or field office is not a residence or dwelling. (66) “Construction sign” means a temporary sign identifying an architect, contractor, subcontractor, or material supplied participating in construction on the property on which the sign is located. (67) “Convenience store” means a one-story commercial retail operation containing less than 2,500 square feet of gross floor area, designed and stocked to sell primarily food, beverages, a limited variety of goods for personal consumption, and other household supplies to retail customers who purchase only a relatively few items as well as gasoline and car care items. (68) “Copy, sign” means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. (69) “Corral” means a space, other than a building, less than one acre in area used for the confinement of animals or fowl. (70) “Cottage industry” means a business conducted entirely within a dwelling or in an accessory structure without altering the residential character manufacturing artistic, handicraft, and other craft items and services rendered on the premise. (71) “Court building” means an open space, other than a required yard, on the same lot with a building or group of buildings which is bounded on two or more sides by such a building. (72) “Coverage, building” means the percent of the total site area covered by buildings. (73) “Crosswalk” means a right-of-way to facilitate pedestrian access and not for use by motor vehicles; it may be located within or without a street right-of-way. (74) “Cultivation” means to prepare and use land strictly for crops or gardening. (75) “Curb” means a stone or concrete boundary usually marking the edge of a roadway or paved area used to channel water and preserve the edge of the pavement. (76) “Curb cut” means the provision for ingress and egress between property and an abutting road or street. (77) “Curb return” means a curved segment of curb used at each end of an opening the roadway curb. (78) “Dairy” means a commercial establishment for manufacturing, processing or packaging dairy products, and their sale; however, the milk production on a farm for wholesale marketing of the premises shall not be classified as a dairy. (79) “Density” means the number of persons or dwelling units per acre of gross area. (80) “Design, subdivision” means the alignment, grade and width for easements and rights-of-way for utilities; the final grade or contouring and general layout of lots and streets within the area; location of land to be dedicated for park or recreational purposes; and, such specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of applicable general or specific plans. (81) “Direction or instructional sign” means an on-premise sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment, but no advertising copy, e.g., parking or exit and entrance signs. (82) “Disability” is defined in Section 57-21-2 UCA. (83) “Distribution lines” are those wires generally rated below 49 kilovolts [kVA] and associated structures used to carry electricity between a customer and a transmission line. (84) “District, zoning” means a portion of the incorporated territory of Erda, established as a zoning district by this ordinance, within which specific uniform regulations and requirements apply; also includes “zone.” (85) “Double-faced sign” means a sign with two faces diverged from a common angle of not more than 45 degrees or back-to-back. (86) “Driveway” means a private entryway that may be used by a single parcel or shared with more than one parcel to provide access from a public or private road. (87) “Dwelling” means a building or part of a building, containing living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy for residential purposes by one family as a single unit. It does not include a motorhome, trailer coach, accessory building, automobile, truck, shed, garage, tent, or recreational vehicle. (88) “Dwelling, single-family” means a dwelling arranged or designed to be occupied by one family, the structure having only one dwelling unit. (89) “Dwelling, two-family” means a single residential building under a continuous roof, the structure containing only two dwelling units completely separated by either a common interior wall or a common interior floor and having the exterior appearance of a single-family dwelling house. (90) “Dwelling, three-family” means a dwelling arranged or designed to be occupied by three families, the structure having only three dwelling units. (91) “Dwelling, four-family” means a dwelling arranged or designed to be occupied by four families with more than four dwelling units. (92) “Dwelling, multiple-family” means a dwelling arranged or designed to be occupied by more than four families and having more than four dwelling units. (93) “Dwelling group” means two or more detached buildings used as dwellings, located on a lot or parcel of land. (94) “Dwelling unit” means one or more rooms in a dwelling, apartment hotel or apartment motel, which contains not more than one kitchen or set of fixed cooking facilities, other than hot plates or portable cooking units. It is designed for the occupancy of not more than one family, or a congregate residence for four or fewer persons. (95) “Easement” means a non-possessory interest in the land of another; a vested or acquired right to use land, other than as a tenant, for a specific purpose; such right being held by someone other than the owner who holds title to the land. (96) “Elderly residential facility.” See “Residential facility for elderly persons.” (97) “Electrical sign” means a sign in which electrical wiring, connection, or fixtures are used. (98) “Electronic message center” means a sign where the copy is changed by computer or electronic methods using liquid crystal display, lights, cathode ray tubes, etc. (99) “Emergency” means actions that must be undertaken immediately or within a time frame too short to allow full compliance with this ordinance to avoid an immediate threat to public health or safety, to prevent an imminent threat of severe environmental degradation. (100) “Essential services” means services provided by public or private utilities, including underground, surface or overhead gas, electrical, steam, water, sanitary sewer, storm-water drainage, and communication systems and accessories such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings used or intended to be used for human habitation. (101) “Façade” means the entire area of a building facing or side extending from the roof or parapet to the ground and from one corner of the building to another but does not include any structural or nonstructural elements that extend beyond the roof of a building. (102) “Farm” or “ranch" means a parcel of land that is used primarily for commercial horticultural or farming purposes, such as the growing of crops or other vegetative, or fruit agricultural uses, grazing of livestock, or other agricultural use. (103) “Farm or ranch hand housing” means a dwelling located on a farm or ranch to house an employee of that operation and their family including multi-family dwellings for seasonal employees in connection with an agricultural use that relies on seasonal employees. (104) “Farm animal” means any animal other than household pets used or kept as recreation or food sources, such as horses, cows, swine, or similar animals. (105) “Feedlot” means an agricultural industry in which animals or fowl are kept and intensively fed in a relatively restricted area, as contrasted with an open pasture. (106) “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 water courses. (107) “Flood plain” means any land area susceptible to be inundated by water from the base flood, including that area designated as subject to flooding from the base flood or 100-year flood. (108) “Flood way” means a channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot. (109) “Floor area” means the area included within the surrounding walls of a building or portion thereof, exclusive of vents, shafts, and courts. (110) “Floor area ratio” means the total floor area of all buildings or structures on a parcel or lot divided by the location of the parcel or lot, used to measure the intensity of use on land. (111) “Forest industry” means an industry that uses forest products, such as sawmill, pulp or paper plants, wood products plants, and similar uses. (112) “Fowl” means chickens, ducks, turkeys, peacocks or other similar domesticated birds. (113) “Freestanding sign” means a sign supported permanently upon the ground by poles or braces and not attached to any building. (114) “Front yard setback” means that part of a lot, extending the full width of the lot, which is between the front property line and the front building line. (115) “Frontage, building” means the length of an outside building wall on a public right-of-way or an approved private road. (116) “Frontage” means the horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abuts a street shall be considered frontage. The arc between the side lot lines shall be regarded as the lot frontage on curvilinear streets. (117) “Garage” means a detached accessory building, or a portion of a main building, used or intended to be used to store motor vehicles, recreational coaches, boats, snowmobiles, or other recreational vehicles. (118) “General plan” means a document that sets forth general guidelines for proposed future development of the land within the city, as set forth in Utah Code Section 10-9a-401 et seq., adopted by the city council, also commonly referred to as a “master plan.” (119) “Governing body” means city council, also called the council. (120) “Grade” means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within a line five feet from the building. (121) “Grade, finished” means the final elevation of the ground surface after man-made alterations, such as grading, grubbing, filling, excavating or contouring, have been made on the ground surface. (122) “Gross floor area” means the sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics not used for human occupancy, any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles to meet the parking requirements of this zoning ordinance, or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts. The surface area of tennis courts, swimming pools, driveways, parking spaces, and decks is not included in the total floor area. (123) “Group home.” See “Residential facility for persons with a disability.” (124) “Handicapped residential facilities.” See “Residential facility for persons with a disability.” (125) “Height, sign” means the vertical distance measured from the highest point of the sign, excluding decorative embellishment, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (126) “Home based business” means a business that uses a scale greater than home occupation but still secondary to the residential use. It may be conducted entirely within a dwelling, an accessory structure or on the premises. A home-based business does not include agricultural activities. (127) “Home occupation” means any use conducted entirely within a dwelling or accessory structure and carried on by persons residing in the dwelling unit and no more than two employees hired or working outside of the dwelling who will work within the dwelling, and shall provide off street parking for all employees which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character. Does not operate or utilize, as part of the business, any Class 6 vehicles or larger as defined by the Federal Highway Administration. (128) “Hospital” means an institution for diagnosing, treating and caring for human illness or infirmity, but not including sanitariums, clinics and instant care facilities. (129) “Hotel” means a building designed for or occupied temporarily for compensation. (130) “Household pets” means animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, and canaries, and shall not include keeping inherently or potentially dangerous animals, such as lions or tigers, etc. (131) “Identification sign” means a sign whose copy is limited to the name and address of a building, institution, or person or to the identified activity or occupation. (132) “Illegal sign” means a sign that does not meet the Erda Land Use Ordinance requirements and has not received non-conforming status. (133) “Illuminated sign” means a sign with an artificial light source incorporated internally or externally to illuminating the sign. (134) “Impound lot” means a facility operated according to Utah State Code Annotated Section 41-1a-101 through 41-1a-1106 for the temporary storage of vehicles to be claimed by the owners or their agents. (135) “Improvement” means street construction, water systems, sewer systems, sidewalks, curbs and gutters, drainage facilities, on-site construction, street trees, street signs, street lights, traffic control or safety devices, fire hydrants, and such other facilities, utilities, or construction. (136) “Inoperative vehicle or trailer” means any vehicle or trailer that due to mechanical, electrical, structural problems, or lack of maintenance, cannot operate as it was originally constructed and designed to do or should not be operated due to conditions rendering it as unsafe. This includes any vehicle or trailer that is not currently licensed. (137) “Interior sign” means a sign located within a building so as to be visible only from within the building in which it is located. (138) “Junk” means any salvaged or scrap copper, brass, iron steel, metal, rope, rags, batteries, paper, wood, trash, plastic, rubber, tires, waste, or other articles or materials commonly designated as junk. Junk shall also mean any dismantled, wrecked or inoperable motor vehicles or parts thereof which remain in such condition for a period of time in excess of sixty days. (139) “Junk yard” means the use of any lot, portion of a lot, or tract of land for the storage, keeping or abandonment of junk, scrap metals or material, the dismantling, demolition or abandonment of vehicles, or machinery or parts thereof; but shall include a salvage yard, or war surplus yard. (140) "Kennel" means any premises where domestic animals, such as dogs and cats, older than four months are kept except where accessory to an agricultural use. (141) “Large scale sales event sign” means an advertising display that is temporary in nature, is not permanently attached to the ground or sign surface, and is used for special events, such as, but not limited to, grand openings, seasonal sales, liquidations, going-out-of-business sales, and, promotion of a new product, new hours of operation, a new service, or to promote a special sale or promotion. The temporary sign or banner is intended to inform the public of a unique happening and shall not include construction, placement, maintenance, or erection of any prohibited sign devices as described in §24-4-4 or other types of non-compliant accessory signs. Large scale sale event signs shall not be used for permanent advertising purposes beyond what is allowed by this ordinance. (142) “Lateral sewer” means a sewer which discharges into another sewer and has only sewer inlets from buildings and structures tributary into it. (143) “Local attorney” means the city attorney or any other attorney officially representing Erda. (144) “Local building inspector” means the building inspector employed by or officially representing Erda. (145) “Local engineer” means the engineer employed by or officially representing the city. (146) “Local governing body” means the city council. (147) “Local health officer” means the health officer employed by or officially representing Tooele County Department of Health. (148) “Local jurisdiction” means Erda, Utah. (149) “Local planner” means the planner employed by or officially representing the city. (150) “Local surveyor” means the surveyor or any other surveyor officially representing the city. (151) “Lot” means a parcel or unit of land described by metes and bounds or as described on a subdivision plat and held or intended to be held in separate lease or ownership, either as an undeveloped or developed site, or a parcel or unit of land shown as a lot, plat, 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 or more smaller units. (152) “Lot area” means the horizontal area within the exterior lines of the lot, exclusive of any area in a public or private area open to public uses. (153) “Lot, corner” 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. (154) “Lot depth” means the average horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines. (155) “Lot frontage” means that portion of a lot that is the length of the front lot line which is coterminous with the front street lines. (156) “Lot, interior” means a lot other than a corner lot. (157) “Lot line” means the property line bounding the lot. (158) “Lot line adjustment” means the relocation of the property boundary line between adjoining lots with the consent of the owners of record. (159) “Lot line, front” means the lot line adjoining the street for an interior lot; for a corner lot or through lot, the lot line adjoining either street, as elected by the lot owner. (160) “Lot line, rear” means 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 in length within the parcel parallel to and at the maximum distance from the front line. (161) “Lot line, side” means any lot boundary line not a front or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line; a side lot line separating a lot from a street is a street side lot line. (162) “Lot, restricted” means a lot or parcel having an average slope of 30 percent or more or which does not contain a buildable area of at least 75 feet by 100 feet, such lot being prohibited as a building site. (163) “Lot width” means the minimum lot width for each zoning district measured from the front setback line. (164) “Lot, unrestricted” means a lot having an average slope of less than 30 percent and containing a buildable area of at least 75 feet by 100 feet. (165) “Main building” means a structure in which the primary use of the land, lot or parcel is conducted. (166) “Maintenance, sign” means the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign. (167) “Mansard” means a sloped roof or roof-like facade architecturally comparable to a building wall. (168) “Manufactured home” means a transportable factory-built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards act of 1974 (HUD Code), in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, 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 the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. (169) “Marquee” means a permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building. (170) “Marquee sign” means any sign attached to or supported by a marquee structure. (171) “Medical clinic” means a facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, training, administration and services to outpatients, employees, or visitors. Compare “Clinic, dental or medical.” (172) “Mine” means a site from which ore, gravel, rock, minerals, precious metals or natural substances other than plant or animal organisms can be extracted. “Mine” includes the site of the mine with its surface buildings, structures, elevator shafts, and equipment. (173) “Mining” means the process or business of extracting ore, gravel, rock, minerals, precious metals or natural substances from the surface or below the surface of the earth. (174) “Mobile home” means a transportable factory-built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured housing and Safety Standards Act (HUD Code) and which was designed to be a long- term residential dwelling unit, with or without a permanent foundation, and originally constructed as a complete package which includes major appliances, plumbing, and electrical facilities prepared for appropriate connections. (175) “Moderate income housing” means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income of the city statistical area for households of the same size. (176) “Modular home” means a permanent dwelling structure built in prefabricated units, which are assembled and erected on the site, or at another location and brought as a unit to the site and which is classified as a mobile home until it is placed on a permanent foundation and complies with all applicable building codes. (177) “Monument sign” means a sign mounted directly to the ground with maximum height not to exceed six feet. (178) “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. (179) “Multiple-face sign” means a sign containing two or more faces, not necessarily in back-to-back configuration. (180) “National Cooperative Soil Survey” means the soil survey conducted by the U. S. Department of Agriculture in cooperation with the State Agricultural Experiment Station and other Federal or Utah State agencies. (181) “Nonconforming building or structure” means a building or a structure which does not conform to the regulations for height, coverage, use, or yards of the zoning district in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its erection. (182) “Nonconforming sign” means a sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations. (183) “Nonconforming use” means the use of a building or structure or land which does not conform to use regulations for the zoning district in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its establishment. (184) “Occupancy” means the portion of a building or premises owned, leased, rented, or otherwise occupied for a given use. (185) “Official map” means a map drawn by Erda and recorded in the county recorder’s office that: (a) shows actual and proposed rights-of- way, centerline alignments, and setbacks for highways and other transportation facilities; (b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and (c) is adopted as an element of the general plan. (186) “Off-premise sign” or “billboard” means a sign advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located. (187) “Off-street parking space” means the space required to park one passenger vehicle off the public right-of-way. (188) “Off-site improvements” means improvements not on individual lots but generally within the boundaries of the subdivision which they serve. (189) “On-site improvements” means the construction or placement of structures and appurtenant improvements on a lot. (190) “On-premise sign” means a sign which pertains to the use, product or commodity sold, or service performed on the premises on which it is located. (191) “Open space” means the area reserved in fields, pastures, parks, courts, schools, playgrounds, golf courses, and other similar open areas. (192) “Open space, usable” means any portion of a lot or building which: (a) is open to the sky or is open to view in at least two sides; (b) is readily accessible by foot traffic from the building to which it is accessory; and (c) is not provided from any required front or side yard, parking area, or driveway space. (193) “Owner” means the holder of fee title to land or buildings or to property, whether a person, partnership, corporation, or other entity recognized by law, including any lessee, permittee, assignee, or successor in interest. (194) “Package agency” means a retail liquor location operated under a contractual agreement with the Alcoholic Beverage Control Department, by a person other than the State, who is authorized by the Alcoholic Beverage Control Commission to sell package liquor for consumption off the premises of the agency. (195) “Parapet” means the extension of a false front or wall above a roofline. (196) “Parcel of land.” See “Lot.” (197) “Parking lot” means an open area other than a street, used for the parking of automobiles and which is available for public use. (198) “Pedestrian-way.” See “Crosswalk.” (199) “Permanent monument” means any structure of concrete, masonry or metal permanently placed on or in the ground, including those expressly placed for surveying reference, which meets the requirements of Tooele County, Erda, or the State of Utah for permanent monuments. (200) “Person” means any individual, corporation, association, firm, partnership, or similarly defined interest. (201) “Personal agriculture” means the keeping of farm animals or fowl for personal recreation and/or personal non-commercial production of food. (202) “Planned unit development or PUD” means an integrated design for development of residential, commercial or industrial uses, or limited combinations of such uses, in which the density and location regulations of the district in which the development is situated may be varied or waived to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed requirements. (203) “Plat” means any map, plan or chart of a township, section or subdivision, indicating the location and boundaries of individual properties. (204) “Plot” means a parcel of land consisting of one or more lots or portions thereof which is described by reference to a recorded plat or by metes and bounds. (205) “Political sign” means a temporary sign used in connection with a local, state, or national election or referendum. (206) “Portable sign” means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. (207) “Premises” means a parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate for that zoning district. (208) “Preliminary plat” means a drawing, to scale, representing a proposal to subdivide a tract, lot or parcel of land, and meeting the preliminary plat requirements of this ordinance. (209) “Private garage.” See “Garage.” (210) “Private non-profit locker club” means a social, recreational, or athletic club, or kindred association, incorporated under the provisions of the Utah Revised Nonprofit Corporation Act, which maintains or intends to maintain premises upon which liquor is or will be stored, consumed, or sold. (211) “Private recreational grounds and facilities” mean recreational grounds and facilities operated by a person, corporation, association, or group other than the State or political subdivision thereof. (212) “Private road” means a privately owned road which affords principal means of access to abutting parcels or lots. (213) “Process” or “processing” means the act, business or procedure of taking raw, extracted or pre-processed material and adding to or taking away from it, to produce a product that is purer, used, marketed, or uniquely different than the original raw material or product before the procedure was enacted. (214) “Projecting sign” means a sign, other than a flat wall sign which is attached to and projects from a building wall or other structure not specifically designed to support the sign. (215) “Protection strip” means a strip of land between the boundary of a subdivision and a street within the subdivision, for the purpose of controlling the access to the street by property owners abutting the subdivision. (216) “Public recreational facility” means a publicly owned or operated indoor or outdoor facility whose main purpose is to provide the general public with amusement or an entertainment activity, including fair grounds, riding stables, picnic and camping, water slides, pools, baseball fields, soccer fields, museums, arenas. (217) “Public road” means a public way which affords a means of access to abutting properties. (218) “Public water system” or “public sewage system” means a system which is owned and operated by a local governmental authority or by an established public utility company which is adequately controlled by a governmental authority. (219) “Quasi-public use” or “quasi-public facility” means a use conducted by, or a facility or structure owned by, a nonprofit, religious, or eleemosynary institution that provides educational, cultural, recreational, religious, institutional, medical, community service or other similar types of public services, and includes private hospitals, medical offices and cemeteries. (220) “Real estate sign” means a temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale. (221) “Rear yard setback” means that part of a lot between the rear building line and the rear lot line, and extending the full width of the lot, the depth of which yard is measured from the rear lot line to the building line of the building. (222) “Recreational facility” means any commercial enterprise which receives a fee in return for the provision of some recreational activity including but not limited to: racquet clubs, health facilities, and amusement parks, but not including amusement centers. (223) “Recreational facility, commercial indoor” means any commercial recreational land use conducted entirely within a building, including arcade, arena, art gallery and studio, art center, assembly hall, athletic and health clubs, auditorium, bowling alley, club or lounge, community center, conference center, exhibit hall, gymnasium, library, movie theater, museum, performance theater, pool or billiard hall, skating rink, swimming pool, tennis court. (224) “Recreational facility, private indoor” means any private recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or planned in association with development and are usually located within or adjacent to such development. (225) “Recreational coach” means a vehicle, such as a travel trailer, tent camper, camp car or other vehicle designed or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Motor Vehicle Act, and designed for use as a human habitation for a temporary and recreational nature. (226) “Recreational coach park” or “overnight park” means any area or tract of land where lots are rented or held out for rent to owners or users of recreational coaches for a temporary time not to exceed 30 days. (227) “Recreational coach space” means a plot of ground within a recreational coach park designated and intended for the accommodation of one recreational coach. (228) “Residential facility for elderly persons” means a residence in which more than one elderly person resides, not including a health care facility as defined by Section 26-21-2 UCA. (229) “Residential facility for persons with a disability” means a residence in which more than one person with a disability resides; and (a) is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities; or (b) is licensed or certified by the Department of Health under Title 26, Chapter 21. Health Care Facility Licensing and Inspection Act. (230) “Riding academy” means a structure or land use where people pay to be trained in riding equines. (231) “Right-of-way” means the area, either public or private, over which the right-of-passage exists. (232) “Roof sign” means any sign erected partly or wholly over or on the roof of a building; however, a structure having main supports embedded in the ground shall not be considered to be a roof sign even if the sign's supports pass through a roof, canopy, or parapet of a building. (233) “Roofline” means the top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys or minor projections. (234) “Rooftop mounted solar array” means a rooftop photovoltaic power station, or rooftop photovoltaic system, which has its electricity-generating solar panels or arrays mounted on the rooftop of an agricultural, residential, commercial, or industrial building or structure. (235) “Runway” means a defined area on an airport prepared for landing and takeoff of aircraft. (236) “Salt” means any component, solid or liquid, of the sodium elements, such as sodium chloride, potash, sodium hydroxide, brine, etc. (237) “School, private” means a school which is operated by a quasi-public or private group, individual, or organization, and which has curriculum similar to that provided in any public school in the state of Utah. (238) “School, public” means a school operated by a school district or other public agency. (239) “Service lines” are all those wires, poles, and appurtenant equipment used to carry electricity between distribution lines and a customer. (240 ) "Service station" means a place where gasoline or other motor fuel, lubricating oil, or grease for operating motor vehicles is offered for sale to the public. (241) “Self-service storage facility” means a building or group of buildings divided into separate units leased to individuals and organizations, or businesses for self-service storage of personal property. (242) “Side yard setback” means that part of a lot between the side building line and the side lot line, and extending from the front yard setback to the rear yard setback. The width of the side yard is measured from the side lot line to the building line of the building. (243) “Sign” means any device, structure, fixture, or placard using graphics, symbols, or written copy for the primary purpose of identifying, providing directions, or advertising any establishment, person, entity, interest, product, goods, or services. It includes any structural supports, lighting systems, attachments, ornaments or other features. (244) “Sign alterations” means a change or rearrangement in the structural parts or design whether by extending on a side increasing in area or height, or by relocation or changing the position of a sign. (245) “Sign, area” means the entire face of a sign including the advertising surface and any framing, trim, or molding. (246) “Sign, community” means a sign that contains information appurtenant to non-commercial activities and interests within the community, but does not advertise any function or service that will create a gain for the advertiser. (247) “Sign face” means the part of the sign that is or can be used to identify, advertise, or communicate information or for visual representation that attracts the attention of the public for any purpose, including the frame or structural members if they are designed with lighting or other ornamentation that is incorporated for the sign design. (248) “Site plan” means a plat of a lot, drawn to scale, showing its actual measurements, the size and location of any existing buildings or structures, and those yet 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. (248) “Snipe sign” means a temporary sign or poster affixed to trees, fences, poles, stakes, building supports, other signs or sign structures, building facades, or any other object not specifically designed for the posting of signs. (250) “Solar Energy System” means a facility that collects and converts sunlight into electricity, whether by photovoltaics, concentrating solar thermal devices, or other solar technologies, and transmits such electricity to off-site users, together with all accessory uses and facilities incidental thereto, including, without limitation, generators; electrical transmission and distribution lines and facilities (including transmission lines with a capacity of 50 KV or greater); communication lines, cables, conduits, and facilities; electric transformers, substations, and interconnection facilities; energy storage facilities; telecommunications equipment; control buildings and maintenance yards; access roads, fences and gates. (251) “Special event” means circuses, fairs, carnivals, festivals, or other types of special events that: (a) run for longer than eight hours but not longer than six months; (b) are intended to or likely to attract substantial crowds; and (c) are unlike the customary or usual activities generally associated with the property where the special event is to be located. (252) “Spot zone” means a zoning amendment which singles out a relatively small parcel for a use classification totally different from that of the surrounding area, for the benefit of the owner of such property, which is invalid because it is not in accordance with the general plan. (253) “Stable, commercial” means a structure or land use where equines or livestock are kept for sale or hire, boarded, or trained. (254) “Stable, private” means an accessory building for the keeping of horses or livestock owned by the occupants of the premises and not kept for hire, remuneration or sale. (255) “Stable, public” means any stable where horses are boarded or kept for hire. (256) “State store” means a facility for the sale of package liquor located on premises owned or leased by the State of Utah and operated by state employees, but does not apply to any licensee, permittee, or to package agencies. (257) “Story, half” means a partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls do not extend more than four feet above the floor of such story, and the floor area does not exceed 2/3 of the floor area immediately below it. (258) “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, including a building, tower, smokestack, overhead transmission line, flag pole, or antenna. (259) “Structural alterations” means any change in the supporting members of a building, such as bearing walls, columns, beams or girders. (260) “Subdivider” means any person who causes land to be divided. (261) “Subdivision” means: (a) any land that is divided, re-subdivided or proposed to be divided into two 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. (b) the division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument. “Subdivision” does not include: (i) a bona fide division or partition of agricultural land for agricultural purposes; (ii) 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 applicable zoning ordinances; (iii) 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; or (iv) a bona fide division or partition of land for the purpose of siting, on one or more of the resulting separate parcels: 1. an unmanned facility appurtenant to a pipeline owned or operated by a gas corporation, interstate pipeline company, or intrastate pipeline company; or 2. an unmanned telecommunication, microwave, fiber optic, electrical, or other utility service regeneration, transformation, retransmission, or amplification facility. (v) 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 Subsection 1. as to the unsubdivided parcel of property or subject the unsubdivided parcel to the city’s subdivision ordinance. (262) “Subdivision cluster” means a subdivision of land in which the lots have areas less than the minimum lot area of the district in which the subdivision is located and in which a significant part of the land is privately reserved or dedicated as permanent common open space to provide low- density character for the residential lots in the subdivision. (263) “Subdivision vacation” means the process of removing from record a section of land that was subdivided. (264) “Substandard lot” means a lot created prior to January 10, 1975 or having been granted a special exception by Erda and which has less than the required lot area or width for the zoning district in which it is located. (265) “Temporary sign” means a sign not constructed or intended for long-term use, with a maximum time period of 90 days. (266) “Unlicensed motor vehicle” means any vehicle which initially was designed or constructed to be self-propelled, and which is not currently registered or licensed by the State of Utah, but does not include vehicles exempt from registration under Section 41-22-9, Utah Code Annotated, 1953, as amended, provided that such vehicle is operable. Also, “unlicensed vehicle” does not include any motor vehicle kept or stored at an approved impound lot or commercial storage yard. (267) “Use” means the purpose for which a parcel, building, lot, sign or structure is intended, designated, occupied, or maintained.