1-6 Definitions

Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this Ordinance. 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 occupied; the word "shall" is mandatory and the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual; the word "lot" includes the word plot, or parcel. Words used in this Ordinance but not defined herein shall have the meaning as defined in any other ordinance adopted by the local jurisdiction. Accessory Use - A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use. Agriculture - 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. Agricultural Industry or Business - An industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the Planning Commission. Airport - Any area of land designed and set aside for the landing and the taking off of aircraft plus aircraft storage and service. Alley - A private access-way less than twenty-six (26) 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 ordinance. Architectural Projection - 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. Area - The area within a lot which is susceptible of use for construction, accessory or appurtenant use. The area to be considered as qualifying for lot area or minimum area shall not include (a) land which is separate from the area where the proposed building will occur by topographic division or physical boundary, (b) land which is not available for construction, accessory or appurtenant use by reason of slope, regular presence of water, geologic condition, soil conditions, or other such practical inhibitions to use, or (c) land which is not available for construction, accessory or appurtenant use by reason of legal restriction. Automatic Car Wash - A facility for automatic or self-service washing and cleaning of automobiles and small trucks not exceeding one and one-half (1 1/2) tons capacity. Automobile Sales Area - 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 - 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 services are made directly to 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 garage-vehicle repair. Average Percent of Slope - An expression of rise or fall in elevation along a line perpendicular to the contours of the land, connecting the highest point of land to the lowest point of land within an area or within a lot. A vertical rise of one hundred (100) feet between two points one hundred (100) feet apart, measured on a horizontal plane is a one hundred (100) percent slope. Basement - A story whose floor is more than twelve (12) inches below the average level of the adjoining ground, but where no more than one-half (1/2) of its floor-to-ceiling heights is above the average contract 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 - A residential structure without a full story structure above grade. Bed and Breakfast Inn - A building of residential design, in which the property owner personally resides on premises, in which no fewer than one (1) but not more than (5) rooms are rented out by the day, for not more than four (4) guests per room, not to exceed fifteen (15) consecutive days per quest, offering overnight lodging and meal services to overnight guests. Beginning of Construction - The placing of concrete footings for a building or structure. Biomedical Product Facility- An establishment primarily engaged in research, development and manufacturing of pharmaceutical, biological, chemical, medical, and related sciences for the purpose of understanding diseases or improving health and does not include the disposal of materials. Block - The land surrounded by streets or other rights-of-way, other than an alley, or land which is designed as a block on any recorded subdivision plat. Body and Fender Shop - A facility for major automobile, truck, mobile home, recreational coach or recreation vehicle repairs to body, frame, or fenders, and including rebuilding. Buildable Area - The portion of a lot remaining after required yard setbacks have been established. Building and Sensitive Lands - Any structure used or intended to be used for the shelter, or enclosure of persons, animals, or property. Building, Accessory - A building, which is subordinate to, and the use of which is incidental to, that of the main building or use on the same lot (except as indicated in the Land Use Ordinances). Building Front - means the primary front entrance of a building as viewed from the public street to which it is orientated. The area of a building front is calculated as the height multiplied by the width of the primary front. Building, Height of - The height of a building or structure is the vertical dimension measured from the highest point on the exterior of the building or structure to the nearest point of finished grade. Building Inspector - The official designated as the building inspector for the City of Kanab by the Kanab City Council. The Kanab City Building Inspector may also be the Kanab City Zoning Administrator, if so designated. Campground - A public area designated by a public agency for camping, or a private area licensed by the City of Kanab for camping. Camping - A temporary establishment of living facilities such as tents or recreational coaches as regulated by this City Ordinances. Carport - A private garage not completely enclosed by walls or doors. For the purposes of this Ordinance, a carport shall be subject to all the regulations prescribed for a private garage. Cellar - A room or rooms wholly under the surface of the ground or having more than fifty (50) percent of its floor to ceiling height under the average level of the adjoining ground. Child Nursery - An establishment for the care and/or the instruction of six (6) or more children, for compensation, other than for members of the family residing on the premises, but not including a public school. Chimney ‐ A primary vertical enclosure containing one or more passageways for conveying flue gases, from the products of combustion of fuel‐burning appliances, to the outside atmosphere. Residential and commercial applications are common as hot air, gas, steam or smoke from a furnace or fireplace is conveyed through a chimney. Church - A building, together with its accessory buildings and uses, maintained and controlled by a duly recognized religious organization where persons regularly assemble for worship. Clinic, Dental or Medical - A building in which a group of dentists, physicians, and allied professional assistants are associated for the conduct of their profession. 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. Club, Social - Any organization, group, or association supported by its members where the sole purpose is to render a service to said members and their guests. Combination of Buildings - Two or more buildings that are on adjoining parcels as measured from the outside exterior walls of two of the buildings. Combustible liquids - Any liquid having a flash point at or above one hundred degrees (100º) Fahrenheit. Commercial-Residential Mix – The combination of commercial and/or residential uses where part of several buildings or within a single building. The main ground floor must be used as a commercial use. Common Ownership of Management - Owned, leased, possessed, managed or otherwise controlled, in any manner, directly or indirectly: A. by the same individual(s) or entity(ies) including but not limited to corporation(s) partnership(s) limited liability company(ies) or trust(s), or B. by different individuals or entities, including but not limited to corporations, partnership(s), limited liability companies or trusts where such individual(s) or entity(ies) have a controlling ownership or contractual right with the other individual(s) or entity(ies) with respect to the Retail Businesses, or where the same individual(s) or entity(ies) act in any manner as an employee, owner, partner, agent stockholder, director, member, officer or trustee of the entity(ies). Conditional Use - A use of land for which a conditional use permit is required, pursuant to this Ordinance. Condominium - An ownership structure established in accordance with the Utah Condominium Act. Convenience Store – Any retail establishment offering for sale a limited selection of food products, household items, and other related goods and does not include gasoline or fuel sales. Corrosive liquids - Those acids, alkaline caustic liquids, and other corrosive liquids which when in contact with living tissue, will cause severe damage of such tissue by chemical action or are liable to cause fire when in contact with organic matter or with certain chemicals. Corral - A space, other than a building, less than one (1) acre in area, or less than one hundred (100) feet in width, used for the confinement of animals or fowl. Court - 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 (2) or more sides by such building or buildings. Coverage, Building - The percent of the total site area covered by buildings. Crosswalk or Walkway - 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. Day Care I- supervision of and care for children or disabled adults that is provided during the day by a person or organization, limited to the care of six (6) or less individuals. Day Care II- supervision of and care for children or disabled adults that is provided during the day by a person or organization, for the care of seven (7) or more individuals. District - A portion of the territory of the City of Kanab, established as a zoning district by this Ordinance, various combinations thereof apply under the provisions of this Ordinance; also includes "overlay" and "zoning” districts. Driveway - A private roadway, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel on which the driveway is located. Dwelling - Any building or portion thereof designed or used as the more or less permanent residence or sleeping place of one or more persons or families, but not including a tent, recreational coach, hotel, motel, hospital, or nursing home. Dwelling, Mobile Home - (See "Mobile Home".) Dwelling, Single-family - A building arranged or designed to be occupied by one (1) family, the structure having only one (1) dwelling unit. Dwelling, Two-family - A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units. Dwelling, Three-family - A building arranged or designed to be occupied by three (3) families, the structure having only three (3) dwelling units. Dwelling, Four-family - A building arranged or designed to be occupied by four (4) families, the structure having only four (4) dwelling units. Dwelling, Multiple-family - A building arranged or designed to be occupied by more than four (4) families, the structure having more than four (4) dwelling units. Dwelling, Group - A group of two (2) or more detached buildings used as dwellings, located on a lot or parcel of land. Dwelling, Unit - One or more rooms in a dwelling, designed for or occupied by one (1) family for living or sleeping purposes and having one (1) but not more than one (1) kitchen or set of fixed cooking facilities, other than hot plates or other portable cooking units. Easement - That portion of a lot or lots reserved for present or future use by a person or agency other than the legal owner(s) of said property(ies). The easement may be for use under, on, or above said lot or lots. Elderly Person - "Elderly person" means a person who is 60 years of age or older, desires or needs to live with other elderly persons in a group setting, but who is capable of living independently. Essential Facilities - Utilities or sanitary and public safety facilities provided by a public utility or other governmental agency for overhead or surface or underground services, excluding any building, electrical sub-station or transmission line of fifty (50) KV or greater capacity, except by conditional use permit. Explosive - Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, that contains any oxidizing and combustible units or other ingredients in such proportions, quantities, or packing, that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life and limb. Extended Stay Motel-Hotel - a facility specifically constructed, kept, used, maintained, advertised or made available to the public to offer temporary residence for up to 240 days. Family - An individual, or two (2) or more persons related by blood, marriage, or adoption, or a group of not more than four (4) persons (excluding servants) who are not related, living in a dwelling unit as a single housekeeping unit and using common cooking facilities. Fence - A physical barrier to delineate, contain, or designate an area designed for a specific use i.e. an enclosure for a dwelling unit; and area for storage, (etc.). Flag Lot - A lot which: A. meets the size, set back and other requirements of the zone in which the lot is located, B. does not have the frontage required, and C. has an extension owned in fee simple from the lot to a dedicated street, the extension shall be referred to as the staff portion of the flag lot. Flammable liquids- Any liquid having a flash point below one hundred degrees (100°) Fahrenheit and having a vapor pressure not exceeding forty (40) pounds per square inch (absolute) at one hundred degrees (100°) Fahrenheit. Flood Hazard - A hazard to land or improvements due to inundation or overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of water courses. Floor Area – The lower surface in a story on which one normally walks in a building. The general terms, floor unless otherwise specifically mentioned shall not refer to mezzanine floor or garage area. Frontage Block - All property fronting on one (1) 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. Frontage, Lot - The lineal measurement of the front lot line. Garage, Private - 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, but not including the parking or storage of trucks or vans having a capacity in excess of one and one-half (1 1/2) tons, and not including space for more than a total of four (4) such vehicles for each dwelling unit on the premises. Garage, Vehicle Repair - A structure or portion thereof, other than a private garage, used for the repair of self-propelled vehicles, trailers, or boats, including general repair, rebuilding or reconditioning of engines, motor vehicles, recreational coaches, and minor collision service, but not including major body, frame or fender repairs or overall automobile or truck painting, except by conditional use permit. A vehicle repair garage may also include incidental storage, care, washing or sale of automobiles. Gas Station - A retail establishment which includes gasoline or fuel sales. Geological Hazard - A hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property, or improvements, due to the movement, failure, or shifting of the earth. Governing Body - The elected legislative body of the City of Kanab. Grade, Existing – Shall mean sites which have never been disturbed, existing grade is the same as the natural grade, which is the ground level before any human disturbances. For sites that have existing structures or other disturbances to the land, existing grade would be the ground level established when the structure or disturbance was created. Recent earthwork, particularly if the grading is done without permits, will not necessarily qualify as existing grade and often requires a determination from the Zoning Administrator. Grade, Finished - Shall mean the highest grade directly adjacent to within five (5) feet of the structure or wall of the building, which has been set through an approved grading and/or drainage plan. The term "finished grade" may also mean natural grade when no terrain alteration is proposed, or where otherwise applicable. Fill which is not necessary to achieve positive drainage or slope stabilization, or which is otherwise proposed clearly to raise the finished floor elevations(s) for any other purpose, shall not be considered finished grade. Grocery store - means a retail business primarily engaged in retailing a general line of groceries in combination with general nonfood merchandise. They have centralized exit checkout stations and utilize shopping carts for customers. Where the total square footage does not exceed forty-thousand square feet. Gross Floor Area - The sum of: A. the total horizontal area, in square feet, of all floors of a building, as measured at outside the exterior walls and including all interior courtyards, and B. the total horizontal area, in square feet, of all portions of the site outside of the exterior walls of buildings and used for the display, storage, or sale of any goods, wares or merchandise. Group Home – housing occupied by groups of unrelated individuals with disabilities. Handicapped Person - A person who has a severe, chronic disability attributable to a mental or physical impairment or to a combination of mental and physical impairments, which is likely to continue indefinitely, and which results in a substantial functional limitation in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and who requires a combination or sequence of special interdisciplinary or generic care, treatment, or other services that are individually planned and coordinated to allow the person to function in, and contribute to, a residential neighborhood. Hazardous cargo vehicles - All vehicles carrying explosives or corrosive substances in excess of five (5) gallons other than fuels carried in permanently attached tanks and used exclusively for propulsion of the vehicle to which attached). Hazardous materials - Such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hyperbolic materials, and pyrophoric materials as defined in Article 9 of the Uniform Fire Code, and any substance or mixture of substances which is an irritant, a strong sensitizer, or which generates pressure through exposure to heat, decomposition, or other means. Home Occupation, Light – a home occupation which does not include the existence of dangerous or objectionable objects as specified in Chapter 10 of the Land Use Ordinance as determined by the Zoning Administrator. Home Occupation, Heavy - a home occupation which potentially includes the existence of dangerous or objectionable objects as specified in Chapter 10 of the Land Use Ordinance as determined by the Zoning Administrator. Hospital - Institution for the diagnosis, treatment and care of human illness or infirmity, but not including sanitariums and clinics. Hotel - any structure consisting of one or more buildings with five (5) or more guest rooms kept, used, maintained or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests for a period of thirty (30) days or less in which ingress and egress to and from all rooms is made through an inside lobby or office. Household Pets - 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 Ordinance. Household pets shall not include the keeping of dangerous animals. Interior Courtyard - A space bounded on three or more sides by walls but not a roof. Junk - Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris or other waste or salvage materials; dismantled, junked, or wrecked automobiles or parts thereof; and old or scrap ferrous or non-ferrous metal materials. Junkyard - 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 - Any premises where three (3) or more dogs or four (4) or more cats older than four (4) months old are kept. Kennels, Private - Any kennel where three or more household pets are owned and kept by the owner on his/her private property. Kennels, Public - Any kennel where household pets are boarded commercially. Lane, Private - A thoroughfare upon land owned in fee simple or by way of an easement, upon which a lot has the frontage required by this Ordinance, which lane has been approved by the Planning Commission and City Council, as fulfilling the frontage requirements of this Ordinance. Live or amplified music – Unless otherwise permitted by city authority, any live music or sounds that, when measured from within a residentially zoned property, does not exceed 50 decibels. The music or sound cannot play after 10:30 P.M or before 8:30 A. M. Liquefied petroleum gas (LP gas) - Any material which is composed predominantly of the following hydrocarbons or mixtures of them; propane, propylene, butane (normal butane or isobutene), and butylenes. Local Attorney - The attorney employed by or officially representing the City of Kanab. Local Building Inspector - The Kanab City Building Inspector employed by or officially representing the City of Kanab. Local Engineer - The engineer employed by or officially representing the City of Kanab. Local Health Officer - The health officer or department employed by or officially representing the City of Kanab. Local Jurisdiction - The City of Kanab. Local Planner - The planner employed by or officially representing the City of Kanab. Lot - A parcel or unit of land described by metes and bounds and held or intended to be held in separate lease or ownership, or a parcel or unit of land shown as a lot or parcel on a recorded subdivision map or shown on a plat used in the lease or sale or offer of lease or sale of land resulting from the division of a larger tract into three (3) or more smaller units. Lot, Corner - A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees. Lot, Depth - The horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines. Lot Lines - The property lines bounding the lot. Lot Line, Front - For an interior lot, the lot line adjoining the street; for a corner lot or through lot, the lot line adjoining either street, as elected by the lot owner. Lot Line, Rear - Ordinarily, that line of a lot which is opposite and most distant from the front line of the lot. In the case of a triangular or gore-shaped lot, a line ten (10) feet in length within the parcel parallel to and at a maximum distance from the front lot line. In cases where these definitions are not applicable, the Kanab City Building Inspector shall designate the rear lot line. Lot Line, Side - Any lot boundary line not a front or rear lot line. A side lot line separating a lot from another lot or lots in an interior side lot line; a side lot line separating a lot from a street is a street side lot line. Lot, Right-of-way - A strip of land of not less than sixteen (16) feet in width connecting a lot to a street for use as private access to that lot. Manufactured Home - A manufactured home shall be a dwelling designed and manufactured by a recognizable fabricator of manufactured homes and be certified under the National Manufactured Housing Construction and Safety Standards Act of 1976, meet the HUD Code and must have been issued an insignia approved by HUD and must not have been altered in violation of such codes. It shall be a single-family dwelling unit designed to be transported on its own wheels, on a trailer or on detachable wheels and shall include the plumbing, heating, air conditioning and electrical systems and be ready for occupancy except for connections to utilities, location on a permanent foundation and other minor work. Mobile Home - A manufactured dwelling built to be moved on its own wheels built prior to 1976 and not intended to be placed on a permanent foundation. Mobile Home Park - A space designed and approved by the City of Kanab for occupancy by mobile homes, to be under a single ownership or management, and meeting all requirements of the Kanab City Zoning Ordinance and the Kanab City Mobile Home Park Ordinance for mobile home park. Mobile Home Space - A space within a mobile home park, designed and to be used for the accommodation of one (1) mobile home. Mobile Home Subdivision - A subdivision designed and intended for residential use where the lots are to be individually owned or leased and occupied by mobile homes. Motel - a building or group of buildings providing five (5) or more guestrooms used for transient guests for a period of thirty days or less in which access to each guest room is provided directly through an exterior door or by an entrance connected to a covered hallway or walkway on the exterior/interior of the building. Nonconforming Building or Structure - 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 - 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 - 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 - A map which has been adopted as the official map of the City of Kanab, showing existing public streets, streets on plats of subdivisions which have been approved by the Kanab City Planning Commission, and/or other street extensions, widening, narrowing, or variations which have been accurately surveyed and definitely located. Off-street Parking Space - The space required to park one (1) passenger vehicle, which space shall meet the requirements of this Ordinance. Open Space - The area reserved in parks, courts, playgrounds, golf courses, and other similar open areas to meet the density requirements of Planned Developments. Open Space, Usable - The area of a lot which is completely free and unobstructed from any structure constructed on, over or below grade. Walkways, uncovered patio areas, light poles, other ornamental fixtures, trees, shrubs, other vegetation and equipment utilizing renewable energy resources may be allowed in open space areas. Parking Lot - An open area, other than a street, used for the parking of more than four (4) automobiles and available for public use, whether free, for compensation, or accommodation for clients or customers. Planned District - 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 Kanab City Zoning Ordinance, after public hearing, as required for other zoning districts. Plot Plan - A plat of a lot, drawn to scale, showing its actual measurements, the size and location of any existing building 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 Kanab City Planning Commission. Preschool – Childhood education facility which is provided to children at ages prior to the commencement of statutory and obligatory education. Types of pre - schools include: A. Private Preschools- operate for profits, independent nonprofits, and programs sponsored by religious organizations. B. Head Start – A federal preschool program which provides free education for young children in low income families. Private Lane – A thoroughfare upon land not owned by the City and which does not amount to a private street but does meet the requirements for private lane as set forth in this ordinance. Recreational Vehicle - A vehicle, such as a travel trailer, tent camper, camp car or other vehicle with or without motor power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Vehicle Code, and designed for use as human habitation for a temporary and recreational nature. Recreational Vehicle Park - Any area or tract of land or a separate designated section within a mobile home park where lots are rented or held out for rent to one (1) or more owners or users of recreational vehicles. Such park may also be designated as "Overnight Park". Recreational Vehicle Space - A plot of ground within a recreational vehicle park designated and intended for the accommodation of one (1) recreational vehicle. Research and Development – work directed toward innovation, introduction, and improvement of products and processes. Research and development activities shall only be allowed to support other allowed uses for each zone. Residential Facility for Handicapped Persons - Means a single-family or multiple-family dwelling unit, consistent with existing zoning of the desired location, that is occupied on a 24-hour per day basis by eight or fewer handicapped persons in a family-type arrangement under the supervision of a house family or manager, and that conforms to all applicable standards and requirements of the Department of Social Services and is operated by or operated under contract with that department. Residential Facility for Elderly Persons - Means a single-family or multiple-family dwelling unit that is: A. not operated as a business, and that is owned by one of the residents or by an immediate family member of one of the residents, or by an eleemosynary, charitable, or beneficial organization. For purposes of this definition, a facility for which the title has been placed in trust for a resident shall be considered to be owned by that resident. B. consistent with existing zoning of the desired location; C. occupied on a 24-hour per day basis by eight or fewer elderly persons in a family-type arrangement; D. in conformance with applicable standards of the Department of Social Services, and is licensed and inspected by that department; and E. a facility meeting the requirements of Utah Code Annotated section 10-9-501 et seq., and conforming with the applicable standards of the Utah department of human services, including licensure and inspection. Residential Facility for Persons with A Disability - A facility meeting the requirements of Utah Code Annotated section 10-9-605 et seq. and complying with section 4-31 of this title (see section 4-31 of this title for applicable standards, requirements and definitions). Restricted vehicles - All vehicles or combinations of vehicle and load having a length of more than forty-five feet (45'), or a width of more than eight feet (8') with load, or a height of more than fourteen feet (14') with or without load, are restricted vehicles. Excepted here from are recreation vehicles and vehicles assigned "EX" license plates. Retail Business - A business engaged in the sale of goods to individual consumers, usually in small quantities, and not to be placed in inventory for resale. Retail Business does not include: A. health centers, governmental uses, community centers, theaters, or religious or fraternal uses, or B. a business where retail sales are in incidental or accessory use to the primary use. This definition shall not include churches, public schools, hospitals, public civic centers or public recreational facilities, or other facilities owned by, or operated strictly for the benefit of, the public. Retail Establishment - Retail business or businesses, conducted in two or more buildings, where the retail business or businesses: A. are engaged in the selling of similar of related goods, wares or merchandise and operate under common ownership or management, or B. share check stands, storage facilities, a warehouse, or a distribution facility, or C. otherwise operate as associated, integrated or cooperative business enterprises under common ownership or management. Right-of-Way (Lot) - A strip of land not less than twenty (20) feet in width connecting a lot to a street for use as private access to that lot. Semi-Truck - "Semi Truck" is defined as any tractor trailer combination and is of the type commonly used for commercial transport purposes; "trailer", as used herein, refers to a carrier used for cargo or commercial purposes and intended to be used in tandem with a tractor. Semi Tractors have two front wheels, and each of the two rear "drive" axles having a pair of "dual" (double) wheels on each side. Thus, the most common configuration of tractor has ten wheels. The cargo trailer usually has two "tandem" axles at the rear, each of which has dual wheels or eight wheels on the trailer and the overall lengths often range from 50 to 70 feet. Sign - 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, Animated - A sign which involves motion or rotation of any part, created by artificial means, or which displays flashing, revolving or intermittent lights. Sign Area - The area in square feet of the smallest rectangle enclosing the total exterior surface of a sign having but one (1) exposed exterior surface. Should the sign have more than one (1) surface, the sign area shall be the aggregate of all surfaces measured as above which can be seen from any one (1) direction at one (1) time. Sign, Free-standing - A sign which is supported by one (1) or more upright columns, poles, or braces, in or upon the ground. Sign, Identification and Information - A sign displayed to indicate the name or nature of a building, or of a use. Sign, Illuminated - 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. Sign, Marquee - Any sign attached to or made an integral part of a marquee. Sign Ordinance - The sign ordinance of the City of Kanab. Sign, Projecting Wall - A sign which is affixed to an exterior wall or building or structure and which projects more than eighteen (18) inches from the building or structure wall, and which does not extend above the parapet, eaves, or building facade of the building upon which it is placed. Site Plan - A plan required by providing the information required by, ordinance. Smokestack ‐ Any pipe, flue or funnel through which smoke or gases deriving from a manufacturing or industrial process are discharged. Stable, Public - Any stable where horses are boarded and/or kept for hire. Story, Half - A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls do not extend more than four (4) feet above the floor of such story, and the ceiling area of which does not exceed two-thirds (2/3) of the floor area of the same half story. Structure - Anything constructed, the use of which requires fixed location on the ground, or attachment to something having a fixed location upon the ground; includes "building". Street, Dedicated - A street which has been dedicated to public use and accepted by the appropriate authority, according to law. Street, Private - A thoroughfare within a subdivision which has been reserved by dedication unto the sub divider or lot owners to be used as private access to serve the lots platted within the subdivision and complying with the adopted design standards of Kanab City and maintained by the landowners within the subdivision by assessments authorized by recorded covenant. Street, Publicly Approved – A street in a subdivision where a dedication is technically not complete, but approval by the City has been given to the recording of the subdivision plat. This is the case in a subdivision in which improvements are not completed but in which a developer has posted a bond to ensure the completion of street improvements. Strip Mall - A shopping complex containing a row of various stores, businesses, and restaurants that are interconnected and usually open onto a common parking lot. Tank vehicle - Any vehicle, including those with a cargo tank mounted thereon or built as an integral part thereof, used for the transportation of flammable liquids, combustible liquids, LP gas, hazardous chemicals, explosives, or corrosive substances. Tank vehicles include selfpropelled vehicles, full trailers, semi-trailers, and railroad cars, with or without motive power and carrying part or the entire load. Tavern - an on-premise beer retailer in which customers may order beer without ordering food. Examples of a tavern include a beer bar, a parlor or a lounge, but do not include a night club, cabaret, or other use with a separately named license from the Department of Alcoholic Beverage Control. Truck Stop - Is defined as a commercial business consisting of one or more of the following: service station, convenience store, garage-vehicle repair, restaurant or motel and has sufficient parking area to accommodate semi-trucks and other restricted vehicles. Vicinity Plan - 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, and existing zoning classifications of all land within three hundred (300) feet of the property proposed for development. Wood Products Sales – An establishment primarily engaged in the sale of wood products (e.g. lumber, fencing, cabinetry) Yard - A required open space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as permitted elsewhere in this Ordinance. Yard, Front - A space on the same lot with a building, between the front line of the building and the front lot line and extending across the full width of the lot. The "depth" of the front yard is the minimum distance between the front lot line and the front line of the building. Yard, Rear - A space on the same lot with a building, between the rear line of the building and the rear lot line and extending the full width of the lot. The "depth" of the rear yard is the minimum distance between the rear lot line and the rear line of the building. Yard, Side - 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 Ordinance - The Kanab City Zoning Ordinance. Zoning Administrator - The local official designated by the Kanab City Council to enforce the regulations of this Ordinance; the Kanab City Zoning Administrator may also be the Kanab City Building Inspector.