Chapter 39D Chapter 39 Definitions (part 1 of 2)

CHAPTER 39 DEFINITIONS (Amended 5/27/97; 5/25/99; 3/26/02; 7/09/02; 2/14/06; 3/11/08; 3/25/08; 4/22/08; 7/08/08; 7/29/09; 12/08/09; 4/27/10; 7/27/10; 11/15/11; 4/24/12; 5/22/12; 09/11/12; 01/08/13; 11/12/13; 3/11/14; 05/13/14; 07/08/14; 08/26/14; 01/13/15; 01/12/16; 01/26/16; 09/13/16; 1/16/18, 4/10/18; 05/22/18; 08/28/18; 01/08/19; 01/22/19; 3/12/19; 8/27/19; 03/31/20; 08/11/20;11/10/20; 02/09/21; 05/23/23; 08/22/23; 10/24/23; 01/23/24; 02/15/24; 03/26/24; 05/14/24; 06/10/25; 03/10/26; 07/14/26) Abandon or Abandonment - To leave, desert, or discontinue a use for a period of at least 12 months. Accessory - Refers to a minor use or structure that is clearly secondary to a principal use or structure that has been issued a permit under this Code; includes signs. Accessory Building - A structure detached from a principal or primary building located on the same lot and incidental and secondary to the principal building or use. Accessory Dwelling Unit, Internal – A completely independent dwelling, occupied by a separate family/housekeeping unit, that is located within or added to an existing dwelling, and that contains all of the following features: 1. separate entrance. 2. physical separation from the primary dwelling that does not allow passage between the units such as a wall, a locking door or other means of separation. 3. separate cooking, eating, sanitation and sleeping facilities. Accessory Dwelling Unit, Detached – An independent dwelling not attached to the primary dwelling, occupied by a separate family/housekeeping unit, that is located on the same parcel as the primary existing dwelling, and that contains separate cooking, eating, sanitation and sleeping facilities. Accessory Use - A use of a portion of land or structure related to the principal use but incidental and secondary to the principal use of the land or structure and located on the same parcel. Addition - Any walled or roofed expansion of a building connected to an existing building by a common wall. Adopted 09/24/96 Adjacent - All properties immediately contiguous to a subject property. Adult Day Care - A non-medical facility for the daytime care of adult persons, and not exceeding 12 hours, who due to age or disability require assistance, companionship, association and or supervision during the day by staff members. Agriculture (Horticultural) - An operation devoted to the tilling of the soil, the raising of crops, horticulture, orchards and gardens, but not including any agricultural industry or business such as fruit packing plants, canneries or agricultural processing facilities. Agriculture (Livestock) - An operation devoted to livestock, but not including any agricultural industry or business such as fur farms, animal hospitals, feed lots or similar uses. Includes such uses as dairy farms, livestock farms, poultry farms, general farms, horse farms, and similar uses. Agriculture (livestock production) includes agricultural support housing, including the occupancy of any dwelling unit by the owner or agricultural employees and their families, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. Alter or Alteration - To change, rearrange, enlarge, extend, or reduce any structure or part thereof on the same site. Animal Rights - The right to keep animals on a property, including the number and type of animals allowed. Applicant - The property owner, or authorized agent of the property owner who files an application for development approval pursuant to this Code. Application for Development Approval or Application - Any written request for approval or issuance of a development order, permit, or license including but not limited to General Plan or Development Code amendments, subdivision plats, site plans, building and development permits, variances, area plans and conditional use permits. Apartment - Any room or suite of rooms in a multiplefamily structure which is arranged, designed or used as a single housekeeping unit and has bathroom and kitchen facilities permanently installed. Artisan Shop – A small shop, no larger than 5,000 square feet, involving the limited on-site production of Adopted 09/24/96 custom prepared goods and the incidental direct sale to customers. Typical production includes, but is not limited to: custom furniture, ceramic studios, glass blowing, candle making, custom jewelry, stained and leaded glass, woodworking, shoe repair, arts studio, photography studio, custom textile manufacturing, and crafts production. Assisted Living Facility – A residential facility with a home-like setting that provides an array of coordinated supportive personal and healthcare services, available 24 hours per day, to residents who have been assessed under Utah State Department of Health rules to need any of these services. Each resident shall have a service plan based on the assessment which may include: 1. specified services of intermittent nursing care; 2. administration of medication; and 3. support services promoting residents’ independence and self-sufficiency. For the purpose of defining assisted living facilities and associated words and terms, the following words shall have the following meanings: 1. Assisted Living Facility, Large Capacity – An assisted living facility accommodating more than eight residents, excluding staff. A large capacity assisted living facility is regulated under the assisted living facility use. 2. Assisted Living Facility, Limited Capacity – An assisted living facility accommodating not more than eight residents, excluding staff. All residents must be ambulatory which means a person who is capable of achieving mobility sufficient to exit a structure without the assistance of another person. If such a facility is located in an existing home and/or in a residential zone, this use is regulated as a Group Home as per Section 12.150. A limited capacity assisted living facility that does not meet the requirements of a Group Home use must be regulated under the assisted living facility use. Athletic Instruction - The instruction of one or more types of athletic activities including dance, gymnastics, martial arts, sports, and other related activities. Authorized Agent - Any person with valid authority provided by the Owner, as evidenced by a document, filed with the City, authorizing the Agent to represent the Owner, and acting on behalf of the Owner of land seeking a development order or development permit approval. Automobile Accessories Installation and Service – An establishment engaged in the on-site installation of accessories designed for automobiles, including but not limited to audio and video systems, lighting and electrical accessories, window tinting, vinyl wraps, interior and exterior trim, vehicle security systems, roof racks, bed liners, or similar add-ons. This use does not include automobile service and repair or automobile sales related uses. Automobile Rental - The business of renting or leasing vehicles for a term not exceeding four months and for a fixed rate or price. Automobile Service and Repair - An establishment primarily engaged in the repair of automobiles, trucks less than 10,000 pounds of gross vehicle weight, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excluding dismantling or salvage. Automobile Service and Repair, Large - An establishment primarily engaged in the repair of large vehicles greater than 10,000 pounds of gross vehicle weight, including the sale, installation, and servicing of equipment and parts. Typical uses include large equipment repair, semi-truck repair, and similar repair and service activities, but excluding dismantling or salvage. Automobile Sales - An establishment primarily engaged in the sale or rental of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including incidental storage, maintenance, and servicing. Typical uses include new and used car dealerships, motorcycle dealerships, and boat, trailer, or recreational vehicle dealerships. Auxiliary - Functioning in a subsidiary capacity. Bakery, Retail – An establishment that produces and sells flour-based foods baked for consumption including bread, cookies, cakes, pastries, and pies. Bar - An establishment that primarily serves alcoholic beverages for consumption on the premises and revenue from alcohol sales exceeds 50 percent of the total business revenue. Basement - That portion of a building elevation in which 50 percent or more of the height (as measured from top of finished floor to top of foundation) is below finished grade. Bed and Breakfast Inn - An owner-occupied detached single-family residence in which rooms are rented out separately for overnight lodging, and where at least a breakfast meal is served to the guests at no extra cost and where an innkeeper or employee is present at all times. Length of stay cannot exceed 30 consecutive days. Bee Colony – An aggregation of bees in any type of hive that includes queens, workers, drones, or brood. Bee Hive – A frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle that may be used to house bees. Berm - A man-made mound of earth contoured so as to form a mound above the general elevation of the adjacent ground or surface and used to shield and buffer various land uses or other activity. Billboard – See Section 23.030 of the Lehi City Development Code. Body Art - The practice of physical body adornment by permitted establishments, operators, and registered body art technicians utilizing, but not limited to the following techniques: tattooing, branding, and scarification. This definition does not include microblading, fine-line tattoos, permanent cosmetics or body piercing, nor shall it include practices that are considered medical procedures by the state medical board, such as implants under the skin, which shall not be performed by a body art facility. Also excluded from this definition are semi-permanent tattoos such as henna. Brewpub – A restaurant-type establishment that also has a beer brewery, producing beer in batch sizes not less than seven U.S. barrels (31 gallons) on the same property which produces only enough beer for sale and consumption on-site or for retail carryout sale in containers holding less than two liters. Automated bottle or canning production is prohibited. Revenue from food sales shall constitute at least 50 percent of the total business revenues, including retail carryout sales of beer. Buffer - A vegetated area along the exterior boundaries of a development which is maintained as open Adopted 09/24/96 space in order to eliminate or minimize conflicts between such development and adjacent land uses. Building - Any walled structure used or intended for supporting or sheltering any use or occupancy. Building, Accessory - A building or walled structure which is secondary to, and the use of which is incidental to, that of the principal building, structure or use on the same lot. Building Area - The portion of a lot which is within the envelope formed by the required yards or setbacks and non-critical areas. Building Frontage - That side of a building which faces and is parallel to or most nearly parallel to a public or private road. Building Height - A vertical distance from the average finished grade to the highest point of the building. Building and Property Maintenance Services - An establishment primarily engaged in the provision of maintenance and custodial services to firms or dwelling units. Typical uses include exterminating services, disinfecting services, janitorial services, landscape maintenance, or window cleaning services. Building Material Supply Store - An establishment primarily engaged in retail or wholesale sale of materials used in the construction of buildings; lumber, paint, fixtures, and hardware; but excludes those classified as one of the Automotive and Equipment Services use types. Typical uses include building material stores, tool and equipment rental or sales, and incidental storage. Building Official - An employee of the City authorized to issue Building Permits and Certificates of Occupancy. Building, Principal - A building in which is conducted the principal use of the lot on which it is situated. In a residential zoning district, any dwelling is deemed to be the principal building on the lot on which it is situated. Building Site - That part of a parcel of land designed to be occupied by the principal building and any accessory buildings. Bulk - The size and shape of buildings, structures, and non-building uses; and the relationship of their exterior walls or their location to lot lines and other buildings or structures; and all open spaces required in connection with a building or structure. Bulk regulations include regulations dealing with lot area, dwelling units per acre, lot frontage, lot width, building height, required yards, usable open space, the ratio of aggregate gross floor area to the area of the lot, spacing between buildings on a single lot, and the length of buildings in a row. Cabinet and Woodworking Shop - a large-scale commercial (over 5,000 square feet) establishment for the purpose of manufacturing, sales, refinishing, or repair of cabinets, furniture, or other wood products. Cannabis Cultivation - See Section 12.130 of the Lehi City Development Code Cannabis Production - See Section 12.130 of the Lehi City Development Code Capital Improvement - An existing public facility or improvement with a life expectancy of six or more years, owned and/or operated by or on behalf of the City, a public entity or a private service provider. Carport - A roofed automobile structure open and unobstructed on two or more sides. Car Wash - An establishment primarily engaged in the washing and cleaning of passenger or recreational vehicles using automated equipment operated by one or more attendants or self-service facilities using customer operated equipment activated by a coin, token, card, or other similar means. Cemetery - The use or intended use of land for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery. Change of Use - Any use which substantially differs from the previous use of a building or land or is classified as a different use on the Table of Uses. Check cashing, Title Loans & Other Credit Services – An establishment engaging in the business of a check casher as defined in the Utah Check Cashing Registration Act, Utah Code Section 7-23-101 et.seq. (as amended). Check cashing is also defined as providing loans, cash advances, or other forms of credit upon presentation of a personal check or title to Adopted 09/24/96 a vehicle to be held by the person or entity making the loan, cash advance, or providing the credit. Check cashing includes uses commonly known as payday advances/loans, deferred deposit loans, title loans, and other businesses of a similar nature. However, the definition of check cashing does not include the providing of credit to finance the initial purchase of personal property or the sale of such debt obligations to a factor or financial institution that purchases debt instruments connected with such transactions in the normal course of its business. Banks, credit unions, and pawnshops are not included in the definition of check cashing. Child Day Care Home Occupation - Is any activity that meets the requirements of Utah Admin. Code § R430-50-3, including the number of children allowed. The facility must also comply with any applicable IFC and IBC Codes. Child Day Care, Commercial - Is the care of children within a residential or nonresidential structure providing for the care, supervision and protection for 13 or more children and complying with all the requirements as licensed and monitored by the State of Utah Department of Human Services. For the purposes of this Code Child Day Care (Commercial) includes preschools offering educational programs to 13 or more children at any one time. The facility must also comply with any applicable IFC and IBC Codes. Child In-Home Instruction - Is the care and education of no more than 12 children within a residential structure for less than three hours at one time. Church - An institution that persons regularly attend to participate in religious services, meetings, and other related activities. Club - An association of persons for the promotion of some common object, members of which are admitted only upon invitation, and the chief activity of which is not conducted for profit. Cluster - A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, other open space and for preservation of environmentally-sensitive and critical areas. Commercial Campgrounds - Any plot of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes. Commercial Entertainment Facility – A recreation facility operated as a business on private or public property and open to the public for a fee, such as an amusement park, laser tag facility, indoor go-cart race track, water park, paintball facility, or substantially similar uses, and support facilities customarily associated with the development. Commercial Laundries, Linen Service - An industrial scale establishment where clothing, linens, rags, rugs, or other articles are washed. Commercial Recreational Facility - A recreation facility operated as a business on private or public property and open to the public for a fee, such as a golf course, driving range, tennis court, skating rink, equestrian center, or substantially similar uses, and support facilities customarily associated with the development. Commercial Uses - Retail business and service establishment, professional and governmental offices, and developed recreational uses. Communications Tower - A structure intended for transmitting or receiving television, radio, or telephone communications. Common Open Space - Facilities, land and yard areas identified within projects for the use and enjoyment of residents and maintained and operated by the City or an organization accepted by the City. Commission - The planning commission of the City of Lehi, Utah. Communications Facilities and Towers – See Section 12.140 of the Lehi City Development Code. Concept Plan - A sketch preparatory to the preparation of the preliminary plat or preliminary site plan to enable a property owner/developer to gain an understanding of City policies and development requirements that may be considered by the City in reviewing a development application. Concrete Manufacture - an operation that produces concrete products used in construction including the stockpiling of bulk materials used in the production process or a finished product manufactured on the premise. Conditional Use - A use requiring special consideration and review in the manner identified in Chapter 9 of this Code. Adopted 09/24/96 Condominium - Any structure or group of structures, in which units are owned individually, and the structure(s), common areas and facilities are owned by all the owners on a proportional, undivided basis and which has been submitted to condominium ownership under the provisions of the Utah Condominium Ownership Act. Conference Center, Convention Center, Reception Center – Facilities designed to host conferences, exhibitions, trade shows, receptions, and other similar large group events. This use may also provide office facilities and a range of leisure activities but does not include any residential, housing, or lodging uses, even on a temporary basis. Construction Service - An establishment providing services relating to the construction, maintenance or repair of dwellings and buildings, including plumbing, heating, air conditioning, painting, electrical services, masonry, carpentry and roofing. Typical uses include building contractors, sub-contractors, and handyman services. Construction Service Yard – An establishment providing storage of large equipment, vehicles, or other materials commonly used for construction. Convenience Store - A retail establishment smaller than 5,000 square feet offering for sale a limited range of prepackaged food products, snacks, beverages, and household items. Corral, Pen - A fenced, unroofed enclosure used to contain livestock or animals. The enclosure may be permanent or temporary and may consist of dirt or vegetation. Although similar to a corral, a pen is usually smaller in size and used to keep an animal(s) in a confined area such as a holding pen. Country Club - A facility providing land area and buildings containing golf courses, recreational facilities, a clubhouse, and customary accessory uses, open only to members and their guests. Crematory – A place where the bodies of the dead are cremated. Cultural and Artistic Uses – A facility for entertainment purposes that include but are not limited to museums, galleries, libraries, and performing art studios. Day Treatment - A facility providing specialized treatment for less than 24 hours a day for four or more persons who are unrelated to the owner or provider and who have emotional, psychological, developmental, physical, or behavioral dysfunctions, impairments, or chemical dependencies. Day treatment is provided in lieu of, or in coordination with, a more restrictive residential or inpatient environment or service. Dedication - The legal transference of land without sale by a property owner to a public agency. Density - The number of dwelling units per acre with respect to residential land uses. Developer - The owner or authorized agent of land proposed to be subdivided or developed who is responsible for any undertaking that requires review and/or approval pursuant to this Code. Development or Development Activity - Any of the following activities requiring a permit pursuant to this Code: 1. Change in use. 2. Construction, clearing, filling, excavating, grading, paving, dredging, mining, drilling or otherwise significantly disturbing the soil of a site. 3. Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or central water system and including the long-term storage of materials. 4. Erection of a permanent sign. 5. Alteration of a historic property for which authorization is required under this Code. 6. Any activity increasing the need for parking. 7. Construction, elimination or alteration of a driveway onto a public road. Development Permit - Any building permit; conditional use permit; preliminary subdivision plat; final subdivision plat or other plat approval; preliminary site plan; final site plan; rezoning; or any other official action of the City or any state or local government commission, board, agency, department or official having the effect of permitting the development of land located within the corporate boundaries of Lehi City and subject to the provisions of this Code. Dog Care Facility - A facility in which three or more dogs are trained, cared for, and boarded overnight. A dog care facility may include a permanent, fenced, outdoor enclosure used to contain dogs during daytime hours between 7:00 AM and 9:00 PM. Dogs shall be maintained indoors during over-night hours between 9:00 PM and 7:00 AM. As a requirement of approval, the Dog Care Facility shall conform with Adopted 09/24/96 the standards set forth in Chapter 4 of the Municipal Code with respect to Kennel Standards and maintain a current Kennel Permit at all times. Driveway - A way providing the most direct access for vehicles from a right-of-way to a garage, dwelling, other structure or parking space. Drive Through Facility - A feature or characteristic of a use involving sales or products or provision of services to occupants in vehicles, including drive-in or drive- up windows. Dwelling- Any structure designed or used for residential purposes with cooking, sleeping, and bathroom facilities that has been constructed to comply with all building codes of Lehi City, but not including hotels, bed and breakfast facilities, nursing home rooms, etc., or structures used for short term residential leases. Dwelling Unit - One or more rooms in a building or portion thereof designed, occupied, or intended as a residence for a family with complete and independent facilities for living, sleeping, eating, cooking, and sanitation provided within the dwelling unit. Dwelling, Caretaker – A dwelling in a non-residential zone that is located either within the primary nonresidential building or a secondary building for the purpose of providing security or otherwise caring for the property. Dwelling, Detached Single Family - A building arranged or designed to include only one dwelling unit occupied by one family (see definition of Family) located on a lot containing no other dwelling units other than an approved ADU (see definition for accessory dwelling unit) and containing no connected buildings across lot lines. Dwelling, Two-Family (Duplex) – A building under single ownership designed for occupancy by two families in separate dwelling units. Both units may be rented and have separate utility meters. A duplex does not include a single-family home with an approved Accessory Dwelling Unit (ADU). Dwelling, Three-Family - A building under one ownership arranged or designed to be occupied by three families living independently of each other with each unit having its own kitchen, including apartment houses, but not including hotel. Dwelling, Four-Family - A building under one ownership arranged or designed to be occupied by four families living independently of each other with each unit having its own kitchen, including apartment houses, but not including hotel. Dwelling, Multi-Family - A building, or portion thereof, used and designed as a residence for five or more families living independently of each other with each unit having its own kitchen, including apartment houses, but not including hotel. Individual units may be owned as condominiums or offered for rent. Dwelling, Townhouse – An attached single-family dwelling unit constructed in a group of three or more attached units. Each unit extends from foundation to roof and with open space on at least two sides. Dwelling, Twin Home – An attached single-family dwelling unit constructed in a group of two attached units with each unit on its own lot with differing ownership. Each unit extends from foundation to roof and with open space on at least two sides. Dwelling, Condominium - A single unit in a multiunit project or structure which is separately owned which may be combined with an undivided interest in the common areas and facilities of the property. Easement - An authorization by a property owner for the use by another or others, and for a specified purpose of any part of the property. Electrical Substations and Power Transmission Lines, Municipal - Facilities used to transmit or distribute electricity which are owned by the City. Electrical Substations and Power Transmission Lines, Non-Municipal - Facilities used to transmit or distribute electricity which are not owned by the City. Equipment Sales and Rental - An establishment primarily engaged in the sale or rental of trucks of one ton or greater capacity, tractors, construction equipment, agricultural implements, or similar equipment, including incidental storage, maintenance, and servicing. Family – A person living alone or one, but not more than one, of any of the following groups living together as a single, nonprofit housekeeping unit, sharing common living, sleeping, sanitation, cooking, and eating facilities: 1. A head of household and any number of people who are all related to the head of household by blood, marriage, adoption, or court sanctioned guardianship; or Adopted 09/24/96 2. No more than four persons when at least one of the individuals is unrelated; or 3. No more than two unrelated adults and their children and other related family members. Fence - A man-made barrier of any material or combination of materials erected to enclose or screen areas of land. Final Subdivision Plat - The map of a subdivision to be recorded after approval by the City and any accompanying material as described in this Code. Financial Institution - An establishment engaged in the business of lending money and/or guaranteeing loans. Financial Institution and Services – An establishment engaged in the business of lending money and/or guaranteeing loans. Typical uses include banks, savings and loans institutions, stock and bond brokers loan, and lending activities. Food Processing, Animal – An establishment including the slaughtering, processing, and packaging of livestock (excluding feed lots, outdoor corrals or pens) Food Truck - A business that serves food or beverages from a self-contained unit either motorized or towed, and conducts all or part of its operations and commercial transactions on premises other than its own and is readily movable, without disassembling, for transport to another location. Funeral Home - An establishment engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral home or mortuaries but exclude cremation services. Furniture Store - An establishment primarily engaged in the retail sale of furniture and furniture accessories. Typical uses include establishments providing the following products: furniture, floor coverings (including carpet), draperies, curtains, upholstery, china, glassware, metal ware, and fireplace screens and accessories. Garage, Private - A detached accessory building, or a portion of a principal building, used for the storage of motor vehicles for the tenants or occupants of a specific building and not by the general public. General Plan - A plan for the city, allowed by state law, prepared and adopted by the Planning Commission and City Council, and including maps, texts, charts, and graphs. Golf Course - A parcel of land laid out for at least nine holes for playing the game of golf and improved with trees, greens, fairways, and hazards and that may include a clubhouse and shelter. Grade - The average of the existing ground level at the center of all walls of a building. In case walls are parallel to, and within five feet of, a sidewalk, the ground level shall be measured at the sidewalk. Greenhouse, Commercial - A building with glass or plastic walls and roof in which plants are raised under controlled conditions for commercial use including experimental purposes, for transplanting, or for sale. Greenhouse, Private - A building with glass or plastic walls and roof in which plants are raised under controlled conditions for personal use on the property where the greenhouse is located. Grocery Store – A store that sells food and household supplies and is larger than 25,000 square feet in size. Grocery Store - Small – A store that sells food and household supplies and is 25,000 square feet in size or smaller. Group Home – A living arrangement where a group of unrelated individuals live together in a single dwelling unit and does not constitute a healthcare facility. Group Home for Persons with a Disability - A residence in which more than one person with a disability resides and is licensed or certified by the Department of Human Services under Utah Code Title 62A, Chapter 2, Licensure of Programs and Facilities. Guarantee - Escrow bond in an amount and form satisfactory to the City. All guarantees shall be approved by the City wherever required by these regulations. Hardware Store - An establishment primarily engaged in the retail sale of a number of basic hardware lines, such as tools, builders' hardware, paint and glass, house wares and household appliances, and cutlery. Adopted 09/24/96 Health/Fitness Facility – A facility that offers its users amenities for exercising and physical conditioning. Health Care Facility - Specialty hospitals, home health agencies, hospices, nursing care facilities, residential health care facilities, birthing centers, ambulatory surgical facilities, small health care facilities, facilities owned or operated by health maintenance organizations, and any other health care facility as defined by the Utah Health Care Facility Licensure and Inspection Act, Utah Code '26-1-2. Health care facility does not include the offices of private physicians or dentists, whether for individual or group practice. Hospitals may have a heliport as an accessory use. Health Club - Private clubs (athletic, health or recreational), with full service facilities including but not limited to showers, lockers, pools and saunas. Hedge - A compact planting of any type of plant or shrub, which acts or is intended to act as a fence. Heliport - any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and cargo and shall include any appurtenant facilities for passengers, cargo, or for the servicing, repair, shelter or storage of helicopters. Hobby Garage - individual condominiumized units used for personal use that Is not considered a residential, business or retail use, such as a hobby or storage of vehicles and personal property. Home Occupation - Is any gainful occupation or profession conducted in a dwelling unit engaged in by an occupant of the unit. Hospital - An establishment providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, emergency treatment facilities, diagnostic services, out-patient facilities, training facilities, medical offices, or staff residences. Hotel - An establishment containing sleeping rooms for the temporary occupancy of guests including a lobby, meeting rooms, recreation facilities, group dining facilities and/or other facilities or activities customarily associated with hotels, but not including boarding houses or apartments. Hotels may include the use of extended stay facilities provided they meet the occupancy and design requirements of Section 12.130-B of this Code. Indoor Shooting Range – a specialized facility designed for firearm usage qualifications, training, practice, or competitions. In-Home Instruction – Is the instruction and/or education of no more than 12 persons within a residential structure for less than three hours at one time. Juvenile Group Facility – A 24-hour group living environment for adolescents under the age of 18, unrelated to an owner or operator that offers room, board or specialized services to residents. Kennel - Any lot or premises or portion thereof on which three or more dogs, cats and other household domestic animals are maintained, boarded, bred or cared for in return for compensation or kept for sale. Laboratory (Medical, Dental, Optical) - An establishment primarily engaged in commercial or noncommercial physical and biological research, development, and production of products for the medical, dental, or optical profession. Land use authority - An individual, board, or commission, appointed or employed by the City, including the staff, Planning Commission, or City Council, and who is designated as the person or body responsible for final decisions and approvals of land use applications identified in this Code. Laundry Services - An establishment primarily engaged in providing the following services: pressing and finishing, dry cleaning, washing, tailoring, or clothing repair or alteration. The establishment can include washing and drying machines, and clothes dry cleaning machines, either coin operated or attendant operated, and are provided on a rental basis for use by individuals doing their own laundry and dry cleaning. Does not include outdoor drying facilities. Light Manufacturing, Processing, and Assembly An establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, which are not obnoxious or offensive by reason of emission of odor, dust, smoke, noxious gases, noise, vibration, glare, heat, or other impacts. Also, includes the processing, fabrication, assembly, treatment, and packaging of such products, Adopted 09/24/96 and incidental storage, sales and distribution. This use does not include the processing of animal, vegetable or fish products or the rendering and refining of fats and oils. It also encloses all equipment, compressors, generators and other ancillary equipment within a building or structure. Light manufacturing includes the manufacturing of the following items and similar goods: professional instruments, watches/clocks, jewelry, musical instruments, toys/sporting goods, office supplies and equipment, and other similar products as approved by the Planning Commission. Light Office/Warehouse Combination – A commercial building, no larger than 30,000 square feet, designed for office and light warehouse uses. Usable office space shall comprise a minimum of 50 percent of the total square footage, and usable warehouse space shall not exceed 50 percent of the total square footage. Facades fronting roadways shall have an office/storefront appearance. Roll-up doors shall be on facades not fronting roadways. Tilt-up concrete construction is prohibited. Liquor Store – A State-run facility engaged in the retail sale of packaged alcoholic beverages, such as ale, beer, wine, and liquor, for consumption off the premises. Loading and Unloading Spaces - A permanently maintained space on the same lot as the principal building with access to a road and not less than 10 feet in width, 20 feet in length, and 14 feet in height. 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 shown as a lot or parcel on a recorded subdivision, 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 lot, parcel, or tract into two or more smaller lots or units. Lot Area - The area of a horizontal plane within the lot lines of a lot. Lot, Corner - A lot which has an interior angle of 135 degrees or less at the intersection of two road lines. A lot abutting upon a curved road is considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of 135 degrees or less. Lot Coverage - The percentage of the area of a lot that is occupied by all buildings, and other covered structures and impervious surfaces. Adopted 09/24/96 Lot, Double-Sided - A lot having frontage on two parallel or approximately parallel streets. Lot Frontage – The width of a lot, measured parallel to the street right-of-way at the front building setback. Lot, Interior - A lot other than a corner lot. Lot Line - Any line defining the boundaries of a lot. Lot Line, Front - The boundary of a lot that separates the lot from the road. In the case of the corner lot, the front lot line is the shorter of the two lot lines separating the lot from the road except that where these lot lines are equal or within 15 feet of being equal, either lot line may be designated the front lot line but not both. Lot Line, Rear - The boundary of a lot which is most distant from, and is most nearly, parallel to the front lot line; except that in the absence of a rear lot line as is the case of the triangular shaped lot, the rear lot line may be considered as a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet. Lot Line, Side - The boundary of a lot, which is not a front lot line or a rear lot line. Lot of Record - A lot, which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder. "Lot of record" does not include any subsequent conveyance that divides the lot into two or more parcels without a duly approved resubdivision. Lumberyard - An establishment that contains facilities for the sawing, loading or storage of lumber or timber, but not including industrial milling or planning operations. Main Floor - Split Entry - That portion of the building that fronts on a dedicated city street and is entered at or above finished grade between floors and is the upper level. Main Floor - Split Level - That portion of the building that fronts on a dedicated city street and is entered at or above finished grade and includes the entry level and the next level up. Main Floor - Two-Story - The level of that portion of the building that fronts on a dedicated city street and is entered at or above finished grade. Manufacturing, Processing, and Assembly – An establishment specializing in the manufacture, processing or packaging of food and beverage products, technology products, electronic components, personal hygiene products and cosmetics, drugs and pharmaceuticals, and other similar materials or products as approved by the Planning Commission. Also includes the processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales and distribution. Manufactured Home - A multi-sectional transport able mobile home not exceeding two stories in height and manufactured after June 15, 1976, and Department of Housing and Urban Development approved which is subject to and complies with the federal manufactured home construction and safety standards (42 U.S.C. ' 5403), that when joined forms a residence for human occupancy that measures 20 feet by 40 feet or larger and is designed to be installed on a permanent foundation system which can be a permanent foundation wall. Manufactured Home Sales - A place where prefabricated housing (assembled in factories and transported to the site of use) is sold. Marina - a harbor with docks, launching ramps, or other supporting facilities designed for small boats and other watercraft. Medical Cannabis Pharmacy - See Section 12.130 of the Lehi City Development Code Medical, Dental, and Optical Clinics – The office of practitioners of the healing arts, and the primary use is the delivery of health care services and where no overnight accommodations are provided. Mixed Use, Vertical - A structure in which residential and commercial uses are located within the same building with residential located above commercial. Modular Home - A dwelling unit constructed in accordance with the standards set forth by the Department of Housing and Urban Development and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Motorized Sports Recreational Facilities (includes private or commercial) – an outdoor track designated for recreational motorized sports, such as ATV’s or Motocross. Movie Theater – An establishment primarily engaging in the presentation of motion pictures. Moving and Storage Facilities – A facility engaged in the moving of household or office furniture, appliances, and equipment from one location to another, including the temporary indoor storage of those same items. Neighborhood Exchange Structures- An enclosed or unenclosed semi-permanent structure for the exchange or distribution of items such as books, food, household goods, or other similar items. These items may be for sale or free. Nightclub/Dance Hall – Any establishment that provides dancing involving a dance floor with 200 square feet of floor area or greater with music or live entertainment and may include the sale, service, or consumption of alcoholic beverages. Nonconforming structure - A structure that does not conform to the yard coverage, height, setback or other physical dimensional requirement of the district but was legal when originally built. Nonconforming use - An activity which is not an allowed use within the Zoning District and which may not conform to the use standards, including parking, regulations in the district in which it is situated but was legal when originally built. Nursing Home - An establishment described also as a "rest home," or "convalescent home," other than a hospital, in which persons are lodged and furnished with care rather than diagnoses and treatment. Offices, Professional - A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment. Office Warehouse - A commercial building, no larger than 100,000 square feet designed for office and warehouse uses. Usable office space shall comprise a portion of the total square footage. Oil & Gas Transmission Lines- Utility lines used to transport oil and natural gas from their respective gathering systems to refining, processing, or storage facilities, as well as refined products to customers. Open Space - means and refers to the following: Adopted 09/24/96 1. Active open space, or any park and recreational facility that is not dependent upon a specific environmental or natural resource, which is developed with recreation and support facilities that can be provided anywhere for the convenience of the user. Activitybased recreation areas include, but are not limited to, baseball or softball fields, football or soccer fields, basketball courts, tennis courts, picnic areas, playgrounds, and trails; and 2. Passive open space, or areas in and located due to the presence of a particular natural or environmental setting and which may include conservation lands providing for both active and passive types of resource-based outdoor recreation activities that are less formalized and more program-oriented than activity-based recreation. Resource-based outdoor recreation means and refers to activities requiring a natural condition that cannot easily be duplicated by man and includes, but is not limited to, boating, fishing, camping, enhancement areas, nature trails, nature study, and view areas. 3. Roadway areas including rights of way, parking lots, lawns, setback areas or other undisturbed portions of building lots shall not constitute open space. Outdoor Sales and Display – The display of goods and materials, incidental to an allowed use, on the premises of the existing business. Items must be placed on a hard-surface and outside of public rightof-way. For the purposes of this definition, occasional sidewalk sales shall not be considered as outdoor sales and display. Outdoor Storage – The keeping, in an unroofed area, of any goods, supplies, equipment, or materials, in the same place for more than 24 hours. Owner - Any person, or group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be developed or subdivided under these regulations. Parking Lot - An unenclosed area, other than a road or right-of-way, devoted to parking spaces for four or more motor vehicles. Parking Lot, Commercial - A parking lot used for the parking of automobiles for compensation. Parking Space - An area maintained for the parking or storage of a motor vehicle, which is graded for proper drainage and is hard surfaced with asphalt, brick pavers, concrete or similar material. Parking Structure - A fully enclosed structure designed and intended for parking or storage of more than four vehicles. Pasture – a fenced area of land covered with at least 50 percent grass or other living vegetation used or suitable for the grazing of livestock or animals. Pawn Shop – An individual or business entity who loans money on deposits of personal property or deals in the purchase, exchange or possession of personal property, on condition of selling the same back again to the pledgor or depositor, or who loans or advances money on personal property by taking chattel mortgage security thereon and takes or receives such personal property into his possession, and who sells the unredeemed pledges together with such new merchandise as will facilitate the sale of the same. Permitted Use - A use of allowed by right under the provision of the Code. Personal Services - A business which provides a service, such as a beauty salon, a barbershop, hair, nail, massage services and tanning salons. Also includes microblading, fine line tattoos, henna tattoos, permanent cosmetics, and body piercings. Personal services does not include Sexually-oriented Businesses or Body Art Facilities; except that a licensed and approved personal services business may include body art as a portion of provided services, so long as body art does not comprise more than ten percent of the total business and the body art facility is located towards the rear of the establishment in an area separated from the rest of the business by a door that can be shut. Pet Grooming Facility – A business dedicated to the grooming and care of household pets, including dogs, cats, birds, and other similar animals. This use does not include overnight boarding (kennel) or medical care (veterinary office) for animals. Pharmacy – A business where medicinal drugs and medicine are prepared, preserved, dispensed, and sold. Plat Amendment - A change in a map of an approved Adopted 09/24/96 or recorded subdivision plat if such affects any street layout in such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. Plant Nursery – A business where plants are grown for transplanting or for sale. Point Source - Any discernible confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. Portable Storage Container – Generally a repurposed intermodal shipping container, which are available in various modular sizes that can be conveniently moved, and not exceeding 8 feet in width by 40 feet in length or a total enclosed area of 320 square feet. This definition does not include truck trailers, used semi boxes or other similar containers that have been modified from a previous use. Portable Storage Container Sales- a location where portable storage containers are sold. Preliminary Plat - The preliminary drawing or drawings, described in this Code, indicating the proposed manner or layout of the subdivision. Preliminary Site Plan - The preliminary drawing or drawings, described in the Code, indicating the proposed manner or layout of a proposed nonresidential, attached residential or mixed-use development. Premises - Land and/or buildings or other improvements thereon. Principal Use - The main use of land or a building (as distinguished from an accessory use). Printing and Publishing Facility - An establishment devoted to the processing, binding, or distribution of reading materials including newspaper, periodical, book publishing, commercial printing, business forms, greeting card manufacturing, book-binding, printing, typesetting and similar uses. Private School - An educational institution, not operated by a political entity of the State for which entrance or tuition fees are charged for attendance. Private Utilities - Includes power, telephone, natural gas, cable television, telecommunications, and private water supply service. Public Improvement - Any drainage ditch or system, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, water or sewer system, or any other facility for which the City may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which City responsibility is established. All such improvements shall be properly guaranteed and installed as per City codes, specifications and regulations. Public Building - A building or structure primarily used for the provision of services by governmental or public agencies, including the city, state or federal agencies. Typical uses include public administrative offices, animal shelters, maintenance facilities, fire stations, police stations, utility buildings, schools, and similar services. Public Use - A use operated exclusively by a public body, or quasi-public body, such use having the purpose of serving the public health, safety, or general welfare, and including uses such as public schools, parks, playgrounds, and other recreational facilities, administrative and service facilities. Public Utility - Any company, or municipal department, duly authorized to furnish under public regulation, electricity, gas, steam, telecommunications, and transportation, water, or sewer service. Public Utility Building - Any buildings or premises used for the administration of public utility repair, maintenance and installation crews, including parking for vehicles not to exceed two tons rated capacity. Can also include shops and storage areas as specified in Chapter 5 of this Code. Recreation, Private - A recreation facility operated on private property and not open to the public, including recreation facilities owned by a homeowner or home owners association for private use by members. Recreation, Public - A recreation facility or service provided through the use of recreational facilities, systems or improvements operated by a public agency and open to the public with or without a fee. Recycling Center - A building, structure or land area Adopted 09/24/96 used for the collection, processing or transfer of recyclable materials such as glass, paper, plastic, cans, or other household scrap materials. Recycling Collection Station – A building or structure used for the collection of recyclable materials such as glass, paper, plastic, cans, or other household scrap materials. Rehabilitation and Treatment Facility, Drug and Alcohol - A 24-hour group living environment for individuals unrelated to the owner or operator that offers room or board and specialized treatment, rehabilitation, or habilitation services for persons with current chemical dependencies. Research and Development Facilities – An establishment or complex of structures located in a building whose dimension are intended to foster physical, chemical, and biological research and/or experimentation involving but not limited to controlled simulation of factors, development of prototypes, chemicals, commodities, pharmaceuticals, information technology, electronics and instrumentation for academic and industrial purposes. Light manufacturing may be included as an ancillary use depending on the impact of activity on neighboring property and scale of the premises. Restaurant - A building in which food is prepared and served for consumption within the premises. Typical uses include buffets; cafes; cafeterias; caterers; coffee shops; dairy bars; diners; dining rooms; dinner theaters; fast food restaurants; food bars; frozen custard, ice cream and yogurt stores; luncheonettes; pizza parlors and pizzerias; sandwich bars; and snack shops. Alcohol may be served on the premises; however revenue from food sales shall constitute at least 50 percent of the total business revenue. Retail Sales, General - An establishment primarily engaged in the sale or rental of commonly used goods and merchandise for personal or household use, but excluding those classified more specifically in this section. Typical uses include department stores, mail services, copy centers, sporting goods stores, home furnishings, electronics and appliances, wallpaper, indoor powersports and marine vehicle sales (See Section 12.130 (M)), carpeting and floor-covering, or automotive parts and accessories excluding service and installation. Ridgeline - An area including the crest of a hill or slope and a vertical, perpendicular distance of 150 feet on either side of the crest. Right-of-Way - Land acquired and owned by a governmental agency or public utility and reserved for public use. Rock, Sand, Gravel, and Topsoil Storage and Distribution - a facility that stores and sells rock, sand, gravel, and topsoil. This use includes all associated screening, transportation, and distribution infrastructure, but does not include mining. School - Any building or part thereof that is designed, constructed or used for education or instruction, whether public or private, in any branch of knowledge, and which is State licensed and accredited by the Northwest Association of Schools and Colleges. Schools- Vocational and Technical - An educational facility that offers an organized sequence of courses which directly relate to preparing individuals for employment in a specialized field. Setback - The shortest distance between the property and the closest projection of the building excluding uncovered steps or roof eaves, but including pillars or posts supporting roofs or patio covers. A roof overhang may extend a maximum of 18 inches beyond the hardwall, pillar or post from which the setback is measured. To the extent that such overhang exceeds 18 inches, the setback is calculated from the 18-inch overhang line. Setback line - The line which is the required minimum distance from the property line that establishes the area within which any structure may be erected or placed. Sexually-oriented Business – For the purpose of defining sexually-oriented businesses and associated words and terms see Title 4, Chapter 5 – Sexually Oriented Business and Employee Licensing Ordinance of the Lehi City Municipal Code. Short Term Rental- An owner’s primary residence that is also used, occupied, rented, or leased, for compensation, of a residential property or portion of the residential property for an effective term of 30 days or less. Typical uses may include rentals such as Airbnb or VRBO. Site Plan - A detailed plan showing the proposed placement of structures, parking areas, open space, Adopted 09/24/96 landscaping, and other development features. Sign – See Section 23.030 of the Lehi City Development Code. Smoke Shop - a retail establishment that derives 35 percent or more of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories, including e-cigarettes and vapor cigarettes, as defined by the Utah State Code § 76-10-101.3, as may be amended from time to time and in which the sale of other products is merely incidental. Sporting Facilities, Arenas - A sports field, court, or similar facility including permanent, or semi-permanent seating areas. Sports Fields- A space designated for a specific sport or activity at a given time. Storage Units, Outdoor Access - A facility providing storage services with outdoor access primarily for personal effects and household goods within enclosed storage areas having individual access, but excluding use as workshops, hobby shops, manufacturing, or commercial activity.