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 words “structure”; the word “used” or “occupied” shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used if occupied; the word “shall” is mandatory and not discretionary, 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 Town of Leeds, and if not defined in any Ordinance, as defined in the latest Webster’s Collegiate Dictionary. Items included in these definitions are to clarify meanings within this Ordinance and in no way imply or authorize the items defined to be permitted in the Town of Leeds. Abandoned. Structures, buildings, signs, equipment, and vehicles will be judged to be abandoned when the appearance, care, or maintenance, is such that it is judged by the Leeds Town Government that the owner no longer has an interest in the item. In the case of a vehicle, abandoned also includes those vehicles not in operating condition or not currently registered. Accessory Building. A detached subordinate building located on the same lot with a main building, the use of which is customarily incidental to that permitted in the main building, or to the land upon which the main building is located. Acreage. Any parcel of land, of one (1) or more acres and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared the parcel as acreage. Agriculture. The tilling of the soil, the raising of crops and horticulture, including household pets, and does not include any agricultural industry or business such as fruit packing plants, fur farms, animal hospitals, feed lots or similar uses. Alley. A public thoroughfare twenty-six feet or less in width no part of which shall be less than twelve (12) feet in width. Animal Hospital. A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment; the use of the premises as a kennel or a place where animals or pets are boarded for remuneration may be permitted only when incidental to the principal use. Animal Unit. This definition applies to all animals in the category under limited Farming. An animal unit is one (1) Large animal, or up to two (2) Small animals, per the definitions in the Town of Leeds Land Use Ordinance. Apartment Hotel. Any building, which contains dwelling units and also satisfies the definition of a hotel, as defined in this Ordinance. Apartment Motel. Any building or group of buildings, which contain dwelling units, and also satisfies the definition of a motel, as defined in this Ordinance. Apartment House. See dwelling, multiple-family. Apartment Court. Any building or group of buildings which contain dwelling units; see Dwelling, Group, in this Ordinance. Basement. A story partly underground. A basement shall be counted as a story for purposes of height measurement if one half (1/2) or more of the basement height is above grade at any point. Boarding House. A building with not more than five (5) guest rooms where, for compensation, meals are provided for at least five (5) but not more than ten (10) persons. Boundary Adjustment. A minor shift or rotation of an existing lot line where no additional parcels are created, nor deleted, as recommended by the Town Engineer. Building. Any structure used or intended to be used for the shelter, or enclosure of persons, animals, or property. Building, Height of. The vertical distance from the average grade surrounding the house, prior to any excavating, to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the highest peak of a pitched, gabled or hip roof. Building, Main. The principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing the principal use upon a lot. Building, Public. A building owned and operated or owned and intended to be operated by a public agency of the United States of America, of the State of Utah, or any of its subdivisions. Carport. A private garage not completely enclosed by walls or doors. For the purpose of this Ordinance, a carport shall be subject to all of the regulations prescribed for a private garage. Casita. A casita means an attached accessory building, providing living quarters for the use of guests, residential employees or family members of the owner-occupied premises. The unit may not be rented or otherwise used as a separate dwelling unit unless all the zoning requirements for a secondary dwelling unit are met including setbacks and required parking. A casita shall be made to look like one residence, attached by a common wall or roof structure. A casita shall not exceed 800 square feet. Child Nursery. An establishment for the care and/or instructions, whether or not for compensation, of six (6) or more children other than members of the family residing on the premises. Church. A building set apart primarily for the purpose of worship in which religious services are held and with which clergy is associated, and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose, and which is tax exempt under the laws of the State of Utah. Clinic, Dental or Medical. A building in which a group of dentists, physicians and allied professional assistants are associated for the conduct of their professions. The clinic may include a dental and/or a medical laboratory and an apothecary, but it shall not include inpatient care or operation rooms for major surgery. Club, Private. An organization, group or association supported by the members thereof, the sole purpose of which is to render a service customarily rendered for members and their guests but shall not include any service the chief activity of which is customarily carried on as a business, and does not include labor union organizations or similar labor or business organizations. Cluster Dwelling. The locating of multiple dwellings in close proximity to each other while maintaining the density requirement of the zone. Commission. Commission shall mean the Planning Commission of the Town of Leeds, Utah. Commission’s Authorized Representative. Commission’s Authorized Representative shall mean the Planning Chair or any other Town employee or official who has been designated by the Commission to represent the Town in enforcing or carrying out the functions of the Commission as set forth in this Ordinance. Conditional Use. A use of land, which applies conditions, which mitigates use, requires a conditional use permit pursuant to Chapter 7 of this Ordinance (Conditional Use Permit). Conversion. The creation of separate ownership of existing real property together with a separate interest in space of residential or commercial buildings. 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 walls measured between opposite sides in the same general direction as the yard or lot line on which the court opens. The length of a court is its greatest horizontal dimension measured at right angles to its width. Dairy. A commercial establishment for manufacture or processing of dairy products. District. A portion of the area of a zone as shown on a map attached to this Land Use Ordinance and given a district name. Domestic Animals & Fowl. Animals and fowl including the following: horses, cattle, sheep, pigs, goats, chickens, and pigeons. Dormitories. Any building arranged or designed for two (2) or more dwelling units and with three (3) or more sleeping rooms per unit. Driveway. A private access primarily for vehicle movement from a public or private roadway to a dwelling, commercial facility or other structure. The lot on which the driveway is providing access must have sufficient frontage to satisfy requirements of this ordinance. Dwelling. Any building or portion thereof, which is designed for use for residential purposes, except the following: hotels, apartment hotels, boarding houses, lodging houses, motels, apartment motels, fraternities, sororities, trailers, mobile homes, or dormitories. Dwelling, Single-family. A building arranged or designed to be occupied by one (1) family, the structure having only one (1) dwelling unit. Any single-family dwelling with more than one kitchen must be treated as a single dwelling unit, and cannot be rented out under any circumstances. Dwelling, Two-family. A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units. Each dwelling unit will have a separate entrance. Each dwelling unit will have its own bathroom and kitchen facilities. A casita on a single family home parcel does not constitute a two-family dwelling unit. Dwelling, Three-family. A building arranged or designed to be occupied by three (3) families, the structure having only three (3) dwelling units. Each dwelling unit will have a separate entrance. Each dwelling unit will have its own bathroom and kitchen facilities. Dwelling, Four-family. A building arranged or designed to be occupied by four (4) families, the structure having only four (4) dwelling units. Each dwelling unit will have a separate entrance. Each dwelling unit will have its own bathroom and kitchen facilities. Dwelling, Multiple-family. A building arranged or designed to be occupied by more than four (4) families. Each dwelling unit will have a separate entrance. Each dwelling unit will have its own bathroom and kitchen facilities. Dwelling, Group. Two (2) or more dwelling structures occupying the same lot and having yards and open spaces in common. Dwelling Unit. One (1) or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one (1) family or unrelated group for living or sleeping purposes and having kitchen facilities for the use of not more than one (1) family. Engineer. Engineer shall mean an engineer or surveyor hired by the subdivider to prepare a final map or to compile such data as may be required in connection therewith in accordance with the provisions of this Ordinance or any other engineer required to perform tasks as required by this Ordinance. Engineer, Town. Town Engineer shall mean the Town Engineer or a registered civil engineer in the State of Utah hired by the Town of Leeds, Utah, to represent the Town in carrying out the engineering functions associated with this Ordinance. Exotic Animals. Animals not listed under Small or Large Animals. Farming. Animals and fowl for recreation or for family food production for the primary use of persons residing on the premises. 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 those who qualify under the definition of casita) who are not related, living in a dwelling unit as a single housekeeping unit. Family Unit. A family unit consists of family members within the third degree of consanguinity. Starting with the primary occupant this includes their children, their grandchildren, their great grandchildren their parents, their grandparents, their great grandparents, their uncles/aunts, their brothers and their sisters. Flag Lot. A lot which does not meet the frontage requirement adjacent to a public or private roadway for the zone in which it is in but does have legal access to a public or private road. The lot in all ways except frontage meets the requirements of the zone in which it is in. Floor Area. Area included within surrounding walls of a building or portion thereof exclusive of vents, shafts, and courts. Frontage. All property fronting on one (1) side of the street between intersecting or intercepting streets, or between a street and 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. Garage, Private. An accessory building designed or used for the storage of not more than four (4) vehicles owned and used by the occupant of the building to which it is accessory, provided that on a lot occupied by a multiple dwelling, the private garage may be designed and used for storage of two (2) times as many vehicles as there are dwelling units in the multiple dwelling. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common. Garage, Public. A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor driven vehicles. Garden, Home. The growing of fruit and/or vegetables for consumption by the residents where the garden is located. This also includes flower gardens that the residents may wish for the growing of flowers for their use and enjoyment. Governing Board. The elected legislative body of the Town of Leeds. Grade – lots of one (1) acre or less. a. For buildings adjoining one (1) street only, the elevation of the ground (finish grade) or sidewalk at the center of the wall facing the street. b. For buildings adjoining more than one (1) street, the average of the elevations of the ground or sidewalks at the center of all walls facing the streets. Grade – lots greater than one (1) acre. The average elevation of the building site prior to any grading, excavation, or fill. Hazardous. Any building, land use, event, activity, chemicals, animal, business or other item that may be harmful to the health, safety, or welfare of the property owners or residents of Leeds. Hazardous use. The using, conducting of activities or distribution of any hazardous items. Historical Building or Historical Structure. Any building or structure, which the Planning Commission and Town Council find, meets the following standards: a. On any State or Federal Historical Registry. b. The building or structure is associated with events that have made a significant contribution to the broad patterns of our history. c. The building or structure is associated with the lives of persons significant in our past. d. The building or structure embodies distinctive characteristics of type, period, or method of construction, whether it represents the work of a master, or possesses high artistic value, or represents a significant and distinguishable entity whose components may lack individual distinction. e. The building or structure has yielded, or may be likely to yield, information important in prehistory or history. Home Occupation. Any use conducted within a dwelling, or on a residential lot and carried on by persons residing in the dwelling unit, occupying no more than twenty-five (25) percent of the dwelling unit, or residential lot, which is clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and does not change the character thereof, and in connection with which there is no display, nor stock in trade. Hospital. Institution for the diagnosis, treatment and care of human illness or infirmity, including sanitariums and clinics. Hotel. A building designed or occupied as the more or less temporary abiding place of fifteen (15) or more individuals who are, for compensation, lodged, with or without meals, and in which no provision is, made for cooking in any individual room or suite. Individuals may not reside at this location for more than thirty (30) days in any one twelve (12) month period. 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 or cats, etc. to constitute a kennel as defined in this Ordinance. Improvement Standard. A specific requirement imposed by this Ordinance in relation to the installation, modification or removal by the subdivider of a street, sidewalk, utility, well, tree, storm drain, or other facility as necessary for the general use by the owners of the subdivision and local neighborhood. Joint Utility Committee. A committee comprised of representatives of the Town of Leeds and providers of utility services to the Town of Leeds, including, but not limited to, representatives of the sewer authority, culinary water authority, irrigation water authority, Leeds Area Special Service District, power provider, natural gas provider and telecommunications providers. Kennel. The keeping of five (5) or more dogs or five (5) or more cats, which are at least six (6) months old. Large Animals. Animals kept as pets or for family food production or recreational purposes, such as horses, donkeys, cattle, goats, sheep, pigs, alpaca, and llamas. Livestock Feed Yard. A commercial operation on a parcel of land where livestock are kept in corrals or yards for extended periods of time at a density which permits little movement, and where all feed is provided for the purpose of fattening or maintaining the condition of livestock prior to their shipment to a stockyard for sale. Lodging House. A multiple-family dwelling where lodging only is provided for compensation to persons related or unrelated. Lot. A parcel of land occupied or to be occupied by a main building, or group of buildings (main and accessory), together with such yards, open spaces, lot width and lot area as are required by this Ordinance and having frontage upon a street Lot, Corner. A lot abutting on two (2) intersecting or intercepting streets, where the interior angle or intersection or interception does not exceed one hundred thirty-five (135) degrees. Lot, Interior. A lot other than a corner lot. Manufactured/Mobile Home. A detached, single-family dwelling unit of not less than thirty-two (32) feet in length, designed for long-term occupancy, and to be transported on its own wheels or on flatbed or other trailers or detachable wheels; containing a flush toilet, sleeping accommodations, a tub or a shower bath, kitchen facilities, and plumbing and electrical connections provided for attachment to appropriate external systems, and ready for occupancy except for connections to utilities and other minor work. Pre-sectionalized, manufactured, modular, or prefabricated houses not placed on a permanent foundation shall be regarded as mobile homes; If placed upon a permanent foundation, such structures which meet all applicable building and housing codes shall not be considered as mobile homes, but shall be regulated as conventional housing; and double wide mobile homes which are placed on permanent foundations which meet all applicable building and housing codes, and contain at least one thousand (1,000) square feet of floor space shall be regulated as conventional housing. Map, Final. Final Map shall mean a final map prepared in accordance with the provisions of this Ordinance which map is designed to be placed on record in the office of the Town Clerk. Map, Preliminary. Preliminary map shall mean a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it. Such map need not be based upon an accurate or final survey of the property. The preliminary map is essentially a study plan which, when approved, will serve as a basis for the preparation of the final map. Merger. The joining of two (2) or more contiguous parcels of land under one (1) ownership into one (1) parcel. Mobile Home Park. A space designed and approved by the Town of Leeds for occupancy by mobile homes, to be under single ownership (including corporation) or management, and meeting all requirements of the Land Use Ordinance and Mobile Home Park Ordinance for mobile home parks. Mobile Homes Subdivision. A subdivision designed and intended for residential use where lots are to be individually owned or leased, and occupied by mobile homes exclusively. Modular Home. 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; said modular home is classed as a mobile home until it is placed on a permanent foundation and complies with all governing building codes. Motel. A group of attached or detached buildings containing individual sleeping rooms designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit. Lodgers may not reside at this location for more than thirty (30) days in any twelve (12) month period. Natural Waterways. Those areas, varying in width, along streams, creeks, springs, gullies, or washes, which are natural drainage channels as determined by the Town Engineer, in which areas no building shall be constructed. Nonconforming Building or Structure. A building, structure, or portion thereof, lawfully existing at the time this Ordinance became effective, which does not conform to all the height, area, and yard regulations herein prescribed in the zone in which it is located. Nonconforming Use. A use, which lawfully occupied a building or land at the time this Ordinance became effective and which does not conform to the use regulations of the zone in which it is located. Nursing Home. An institution providing long-term residence and care for the aged and infirm. Obstruction. A physical barrier that impedes or restricts a clean view of a person or object. Parking Lot. An open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use. Parking Space. Space within a building, lot, or parking lot for the parking or storage of one (1) automobile. Private Road. A roadway to provide access to two (2) or more dwellings and owned, installed and maintained by one or more private citizens or association, which use the private road as access to dwellings, commercial buildings or other facilities. Private Road as defined does not satisfy frontage requirement. Recreational Vehicle. A vehicle such as recreational trailer, tent camper trailer, truck camper, travel trailer, camp car, or other vehicle with or without motive power designed and or constructed to travel on public thoroughfares in accordance with provisions of the Utah Vehicle Code, and designed for human habitation. Recreational Vehicle Park. Any area, tract of land, land/or a separate designated section within a mobile home park where lots are rented or held for rent to one or more owners or users of recreational vehicles. Ten percent (10%) of all spaces must be set aside for short term guests, not to exceed one (1) month. Fifty percent (50%) of the total spaces may be full time rentals/lease. May be designated together with Mobile Home Park as “Park.” Remainder. That portion of an existing parcel which is not included as part of the proposed subdivision. The remainder is not required as part of the subdivision but must be shown on the required maps as part of the area surrounding the subdivision development. Roomer. One who occupies a hired room in another’s house. Restaurant. Any business establishment where a variety of food is prepared and complete meals are served to the general public, located on premises having adequate culinary fixtures for food preparation and dining accommodations, and that is engaged primarily in serving meals to the general public. Salvage Yard. Any place, establishment or business maintained, used or operated for storing, keeping, buying, selling, recycling, or for the maintenance or operation of an automobile graveyard. School. Any building used primarily for the general education of minors including nursery schools, infant daycare centers, or trade or technical schools. Sign. Any device used for visual communication to the general public and displayed out-of-doors, but not including any flag, badge or ensign of any governmental agency. Sign, Advertising. A sign which directs attention to a use, product, commodity, or service unrelated to the premises. Sign, Business. A sign which directs attention to a use conducted, product or commodity sold, or service performed upon the premises. Sign, Identification. A sign displayed to indicate the name or nature of buildings or uses other than commercial or industrial uses located upon the premises. Sign, Name Plate. A sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises Sign, Property. A sign related to the property on which it is located and offering such property for sale or lease, or advertising contemplated improvements, or announcing the name of the builder, owner, designer, or developer of the project, or warning against trespassing. Sign, Public Information. A sign erected by a public or non-profit agency, service club, etc., giving information to direct the public to both public and private facilities and major uses. Sign, Temporary. Temporary signs shall include any sign, banner, pennant, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a short period of time only. Small Animals. Animals kept as pets or for family food production, or recreational purposes such as dogs, cats, rabbits, and fowl. Stable, Private. A detached accessory building or structure for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale. A private stable is the building only and does not imply that horses are allowed. Stable, Public. Any stable (building or structure) where horses are boarded and/or kept for hire. A public stable is the building only and does not imply that horses are allowed. Story. The space within a building included between the surface of any floor and the surface of the ceiling next above. 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 that ceiling area of which does not exceed two-thirds (2/3) of the floor area of the same half story. Street. A public thoroughfare which affords principal means of access to abutting property, and is more than twenty-six (26) feet wide. Structure. Anything constructed or erected, which required location on the ground or attached to something having a location on the ground. Structural Alteration. Any change in supporting members of a building, such as bearing walls, columns, beams or girders. Subdivider. Subdivider shall mean any individual, firm, association, syndicate, co-partnership, corporation, trust, or other legal entity, commencing to affect a subdivision for him or for another. Subdivider’s Authorized Representative. Subdivider’s Authorized Representative shall mean any person who has been designated by the subdivider, in writing, which designated has been filed with the Planning Commission as the authorized person to represent the subdivider. Subdivision. Includes the division of land whether by deed, metes and bounds description, devise and testacy, lease, map plat, or other recorded instrument; and division of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and other purposes. Temporary Use (for Recreational Vehicles). Overnight parking, twenty-four (24) hour camping in approved areas, or as otherwise defined by the Town Council. Through Lot. A lot having frontage on two (2) streets which are parallel or nearly so. Trailer Camp or Mobile Home Park. Any area or tract of land used or designed to accommodate two (2) or more trailers, mobile homes, or camping parties. Transparent Material. Any material used for fencing or other purposes consisting of mesh, chain link, rail, or other unobstructed material. Use, Accessory. A subordinate use customarily incidental to and located upon the same lot occupied by a main use. Veterinary or Animal Hospital. A building and runs where both large and/or small animals are kept and/or treated by a licensed veterinarian. Wall. A masonry fence around a property or a portion of a property; the solid side of a structure or building. Width of Lot. The distance between the side lot lines at the distance back from the front lot line required for the depth of the front yard. Yard. A space on a lot other than a court, unoccupied and unobstructed from the ground upward, by buildings, except as otherwise provided herein. Yard, Front. A space on the same lot with a building, between the front line of the building (exclusive of steps) and the front lot line, and extending across the full width of the lot. Yard, Rear. A space on the same lot with a building, between the rear line of the building (exclusive of steps and chimneys) and the rear line of the lot and extending the full width of the lot. Yard, Side. A space on the same lot with a building, between the side line of the building (exclusive of steps or open stairways) and the side line of the lot and extending from the front yard line to the rear yard line. Zone. Synonymous to District.