10-2-1 Definitions

The words and terms defined in this Chapter shall have the meanings indicated. Words used in the present tense include the future and words in the singular number include the plural, and words in the plural include the singular. Words not included herein but defined elsewhere in the City ordinances shall be construed as termed therein. The word “shall” is mandatory. • Access Strip: A strip of land which is part of a lot and provides access to the part thereof used or to, be used for buildings or structures. • Agriculture: The tilling of the soil, the raising of crops, horticulture and gardening, including keeping or raising of domestic animals and fowl, except household pets, and not any agricultural industry or business, such as food packing or processing plants, fur farms, animal hospital or similar uses. • Alley: A public thoroughfare for the use of pedestrians and vehicles which affords, or is designated or intended to afford, a secondary means of access to abutting properties. • Apartment: A rented room or a suite of two (2) or more rented rooms designated, or intended for, or occupied by, one family for living and sleeping purposes. • Area: The aggregate of the maximum horizontal cross section within given boundaries. • Basement: A story partly underground. A basement shall be counted as a story, for purposes of height measurement, if at least one-half (1/2) its height is above the average level of the adjoining ground. • Board of Adjustment: A group of appointed citizens who hear and rule on any disputations of City and zoning ordinances. • 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 fifteen (15) persons. • Billboard: See definition of Sign, Commercial. • Building: Any structure other than a boundary wall or fence: o Accessory: A detached building or a portion of the main building on a lot, the use of which is clearly incidental to that of a main or principal building. o Attached: A building or buildings connected by any two (2) of the following: § A common wall, § A continuous wall, § A continuous foundation or a continuous roof line. § Wall or fences, patios, terraces or other roofed accessory uses open on at least two (2) sides shall not constitute an attached building. o Detached: A building surrounded by open space on the same lot. o Façade: That portion of an exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. o Façade Facing: A resurfacing of an existing façade with approved material, illuminated or non-illuminated. o Height of: The vertical distance from the grade elevation to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to a point midway between the lowest part of the eaves or cornice and ridge of a pitch or hip roof. o Line: A line parallel to the front lot line and at a distance there from equal to the required depth of the front yard and extending across the entire width of the lot. o Main: A building in which is conducted the principal use of the lot on which it is located. o 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 political subdivisions. • Car Wash: o Laundry Type: A structure or portion thereof containing facilities for washing passenger automobiles, using production line methods such as, but not limited to, chain conveyer, moveable or revolving cleaning brushes, blower, steam cleaning or other mechanical devices. o Manual Spray: A structure or portion thereof containing facilities for washing passenger automobiles, limited to using only hand operated manual spray cleaning equipment and techniques. • Carport: A covered automobile parking space not completely enclosed by walls or doors. A carport shall be subject to all regulations described in this Title for a private garage. • Cellar: A story having more than one-half (1/2) its height below the average level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement. • Center Line of Street: That line designated as “center line” in any street in the City of Moroni by the records of the County Recorder. • Common Open Space: The land area in a planned unit development (PUD) reserved and set aside for recreational uses, landscaping, open green areas, parking and driveway areas for the common use and enjoyment of the residents of the PUD. o Easement: A required right of way granted to Moroni City by the owner of a planned unit development(PUD) on and over land in a PUD designated as common open space, which easement guarantees to the City that the designated common open space and recreation land is permanently reserved for access, parking and recreation, and open green space purposes in accordance with the plans and specifications approved by the Planning Commission and City Council at the time of approval of the PUD or as such plans are amended from time to time. • Conditional Use: A non-approved use of land which is allowed by the Planning Commission. Conditional uses cannot adversely affect the surrounding area. Conditional uses generally have conditions placed upon the use. • Condominium Project: A real estate condominium project where ownership of a single unit in a multi-unit project, together with an undivided interest in common in the common areas and facilities of the property, is transferred; a plan or project whereby four (4) or more apartments, rooms, office spaces or other existing and proposed apartments or commercial or industrial buildings or structures are separately offered or proposed to be offered for sale and meeting all requirements of the Condominium Ownership Act of the State of Utah. Structures shall conform to all area, yard, frontage and height regulations of the zone district in which they are located. • Convalescent Home: An institution other than a hospital wherein people may gradually recover from an illness (see definition of Hospital, Nursing and Rest Home). • Corral: A space, other than a building, used for the confinement of animals. • Dairy: A commercial establishment for the manufacture, processing or sale of dairy products. • Dry Cleaner: An establishment which cleans fabrics with substantially non-aqueous organic solvents. Laundry establishments with se If-service, coin-operated dry-cleaning machines shall not be classified as a dry cleaner. • Dwelling: A building or portion thereof designed or used as a living quarters for one or more families: o Multiple-Family: A building arranged or designed to be occupied by two (2) or more families. o Single-Family: A building arranged or designed to be occupied by one family, the structure having only one dwelling unit. o Unit: One or more rooms in a dwelling, apartment, hotel or apartment hotel designed for or occupied by one family for living, sleeping and eating purposes. A dwelling unit may contain more than one set of kitchen facilities, whether temporary or permanent, provided they are used only by members of the family occupying the dwelling unit or their nonpaying guests. A dwelling unit may include up to two (2) persons per unit to whom rooms are rented in addition to a family related by blood, marriage or operation of law, but if the number exceeds two (2) or if they use or are furnished separate cooking facilities, whether temporary or permanent, such additional persons shall be considered a separate dwelling unit. • Educational Institution: A public elementary, secondary school or a private educational institution having a curriculum similar to that ordinarily given in public schools. • Family: One or more persons related by blood, marriage or operation of law, plus domestic servants employed for service on the premises, or a group of not more than four (4) single persons who need not be so related, living together as a single nonprofit housekeeping unit. • Fence: A tangible barrier or obstruction of any material, with the purpose or intent, or having the effect, of preventing passage or view across the fence line. It includes hedges and walls. • Flood Plain Area: An area adjoining a river, stream or watercourse or other body of standing water in which a potential flood hazard exists 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 or watercourses. See ordinance 16 “Flood Damage Prevention” below. • Floor Area: The sum of the gross horizontal area on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed terraces. All dimensions shall be measured from the exterior faces of the exterior walls. • Frontage: All the property fronting on one side of the street between 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 of the side of the street which it intercepts. • Garage: o Home: An enclosed space or accessory building for the storage of one or more motor vehicles; provided that no business, occupation or service is conducted for profit therein, nor space therein for more than one car is leased to a nonresident of the premises. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common or are connected structurally by a physical connection such as a wall, trellis or solid fence. o Business: A building or portion thereof, other than a private garage, designed or used for servicing, repairing, hiring, selling or storing motor vehicles. • Grade: The average level or the finished surface more than five feet (5’) from a Street line. For buildings closer than five feet (5’) to a street line, the grade is the sidewalk elevation at the center of the building. If there is no sidewalk, the City Council may establish the grade. • Guest: Any person or persons staying temporarily within a dwelling unit without payment of compensation to the owners, tenants or full-time inhabitants of said dwelling unit. o House: A separate dwelling structure located on a lot with one or more main dwelling structures and used for housing of guests or servants and not rented, leased or sold separate from the main building. Guest houses shall conform with all area, yard, frontage and height regulations of the zone district in which they are located. • Home Business: Any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no display, nor stock in trade. The home occupation shall not involve the use of any building or yard space or activity outside the main building, not normally associated with residential use. Home occupations shall not use more than twenty five percent (25%) of the ground floor area of the home. • Hospital, Nursing or Rest Home: A building or any portion thereof designed for the housing of sick, injured, convalescent or infirm persons; provided, that this definition shall not include rooms in any family dwelling, hotel, apartment hotel or other building not ordinarily designed nor intended to be occupied by said persons. • Hotel: A building designed for or occupied as the more or less temporary abiding place of sixteen (16) or more individuals who are lodged, for compensation, with or without meals. • Household Pets: Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats or birds, but not including a sufficient number of dogs or cats to constitute a “kennel”, as defined in this Section. • Improved Road: Shall have the same meaning as Title 7-2-5 and constructed in accordance with Moroni City’s street engineering standards and specifications. • Incombustible Material: Any material which will not ignite at or below a temperature of one thousand two hundred degrees Fahrenheit (1,200°F) during an exposure of five (5) minutes and will not continue to burn or glow at that temperature. Tests shall be made as specified in the IFC. • Junkyard or Automobile Wrecking Yard: The use of any lot, portion of a lot or tract of land for the storage, keeping or abandonment of junk, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles, or machinery or parts thereof; provided, that this definition shall not be deemed to include such uses which are clearly incidental to and accessory to any agricultural use permitted in the zone. • Kennel: The use of any lot, or portion of a lot or tract of land, for the keeping, whether for compensation or not, of non-household pets, or more than the allowed number of household pets per this Title. • Kindergarten: A school or class for children generally under six (6) years of age. • Kitchen: Any room and/or other place used, intended or designed to be used for cooking or preparation of food. • Laundromat: A self-service laundry establishment where clothes are cleaned in a coinoperated machine. Laundromats may include self-service, coin-operated dry-cleaning machines. • Lodge: A building for the temporary occupancy of guests, without cooking facilities in each unit. Accessory facilities may include any or all things customarily associated with lodges. • Lot: A parcel of land occupied or to be occupied by a main building or group of buildings (main or accessory), together with such yards, open spaces, lot width and lot area as are required by this Title and having frontage upon a street. Except for group dwellings and a guest house, not more than one dwelling structure shall occupy any one lot. o Corner: A lot abutting on two (2) intersecting streets where the interior angle of intersections or interception does not exceed one hundred thirty-five degrees (135°). o Coverage: The total horizontal area of a lot, parcel or building site covered by any building or occupied structure which extends above the surface of ground level and including any covered automobile parking spaces. Covered patios, covered walkways and covered recreation areas shall not be considered as lot coverage; provided, that said areas are not more than fifty percent (50%) enclosed. o Depth: The horizontal length of a straight line connecting the bisecting points of the front and rear lot lines. o Interior: Any lot other than a corner lot. 10 o Front Line: A line separating an interior lot from a street. In the case of a corner lot, the side bordering on the Street which has the smallest dimension shall be the front lot line. o Rear Line: The recorded lot line most distant from the front lot line, except that in the case of an interior triangular or core-shaped lot, it shall mean a straight line ten feet (10’) in length which is: o Parallel to the front lot line or its chord; and o Intersects the two (2) other lot lines at points most distant from the front lot line. o Side Line: Any lot boundary line which is not a front lot line or a rear lot line. o Through (Double Frontage Lots): Any lot having a frontage on two (2) parallel or approximately parallel streets. Said lots, for purpose of this Title, shall have two (2) street frontages and two (2) front yards. Width: The distance across a lot or parcel of property measured along a line parallel to the front lot line, or parallel to a straight line connecting the ends of an arc which constitutes the front lot line. The distance between the side lot lines at the distance back from the front lot line required for the depth of the front yard. • Maintain: Includes, but is not limited to, the following: service, repair, alter, remodel, reletter, redecorate, repaint, move or remove. It does not include the removal of signs by a licensed wrecking contractor. Owner or leasee of a sign may repaint, redecorate and/or change letters or panels on his own sign. • Manufactured Home or Building: A home or other building of new construction without attached axles or wheels which has been assembled fully or in part, upon another site, or in a “factory” and moved to the site upon which it is to be permanently assembled and placed upon a permanent foundation in compliance with the provisions of the Uniform Building Code. • Map, Official: Any map adopted by the City Council under the provisions of Utah Code Annotated section10-10-103, as amended. • Mobile Home Park: A parcel of land which has been planned and improved for the exclusive placement of mobile homes for residential use. • Motel: Any building or group of buildings containing sleeping rooms designed for temporary use by automobile tourists or transients, with garage attached or parking space conveniently located to each unit. • Natural Waterways: Those areas, varying in width, along streams, creeks, gullies, springs or washes which are natural drainage channels as determined by the Chief Building Official and in which areas no buildings shall be constructed. • Nightclub: A place of entertainment open at night usually serving food and liquor, having a floor show and providing music and space for dancing. • Non-Conforming Building: A building or structure or portion thereof lawfully existing at the time any applicable zoning regulation becomes effective, the design, erection, use, height, area or yard dimensions of which do not conform to the provision of such regulations. • Non-Conforming Use: The prior lawful use of land or of a building or structure which subsequently is prohibited by zoning regulations pertaining to the zone in which the building or land is situated. • Nursery for Children: A building or structure where six (6) or more children are regularly cared for during the day for compensation. • Nursery, Greenhouse: A place where young plants are raised for experimental purposes, for transplanting or for sale. • Nursing Home: See definition of Hospital, Nursing or Rest Home. • Offices: A building, room or department wherein a business or service for others is transacted, but not including the storage or sale of merchandise on the premises. • Open Green Space: An open space suitable for relaxation or landscaping. It shall be unoccupied and unobstructed by buildings and/or hard surfaces such as asphalt cement and packed gravel, except that such open green space may be transversed by necessary sidewalks. • Parapet: The extension of a false front or wall above a roofline. • Parcel of Land: A contiguous quantity of land in the possession of or owned by, or recorded as the property of, the same claimant or person. • Parking Lot: An open area, other than a street, used for parking of more than four (4) automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers. • Parking Space: Space for parking or storage for one automobile. • Paying Guest: Any person hiring a room in a dwelling unit for living, eating or sleeping purposes. • Person: One or more persons, an association, a co-partnership or a corporation or firm, either by themselves or by an agent, employee, guardian or trustee. • Planned Unit Development (PUD): A development in which the regulations of the zone in which the development is situated are waived to allow flexibility and initiative in site and building design and location in accordance with an approved plan and imposed general requirements. • Planning Commission: A group of appointed citizens who review and recommend planning and zoning ordinances to the City Council. • Private Drive: Non-dedicated thoroughfare or road use exclusively for private access to and from private land/or developments. • Projections into Yards: Any projection which is not intended for occupancy, and which extends beyond the face of an exterior wall of a building but shall not include signs. • 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, and public utilities. • Recreation: o Commercial: Recreation facilities operated as a business on private or public property and open to the public for a fee, such as a golf course, ski lift, tennis court, etc., and support facilities customarily associated with the development. o Private: Recreation facilities operated on private property and not open to the public. o Public: Recreation facilities operated by a public agency and open to the public with or without a fee. 13 • Recreational Coach, Travel Trailer, Camper, etc.: A vehicle such as a 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 the public thoroughfare in accordance with the provisions of the Utah Vehicle Code, designed for the use of human habitation. • Separate Ownership: A lot or parcel which is not adjacent or contiguous to other property owned by the same owner or owners. Ownership by a husband, wife or other immediate family member or a combination of the same shall not be considered separate. • Sign: A presentation or representation of words, letters, figures, designs, pictures or colors publicly displayed so as to give notice relative to a person, a business, an article or 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. o Commercial: A sign that is erected to promote a commercial use. o Temporary: A sign that is erected for a short time. Temporary signs are constructed so that they may be erected or removed quickly. Public announcements, yard sale, for sale, rent and political signs are examples of temporary signs. • Site Development Standards: Established regulations concerning lot areas, yard setbacks, building height, lot coverage, open green space and any other special regulations deemed necessary to accomplish the purpose of this Title. • Stable, Private: A detached, accessory building for the keeping of animals owned by the occupants of the premises, and not kept for remuneration, hire or sale. • Stable, Public: A stable other than a private stable. • Story: The space within a building, other than a cellar, included between the surface of any floor and the surface of the ceiling next above. • Street: A public thoroughfare, dedicated, abandoned or condemned for public use accepted by proper public authority, which affords the principal means of access to abutting property arid is more than twenty-six feet (26’) wide. • Structural Alterations: Any change in supporting members of a building, such as bearing walls, columns, beams or girders. • Structure: Anything constructed or erected, the use of which requires location on the ground. • Swimming Pool: Any artificial or semi-artificial container, whether indoors, and whether above or below the surface of the ground, or both, used or intended to be used to contain a body of water for swimming by any person or persons, together with all permanent structures, equipment, appliances and other facilities used or intended for use in and about the operation, maintenance and use of such pool. o Family: A swimming pool used and to be used solely by the owner, operator or lessee thereof and his family and by guests invited to use it without payment of any fee or consideration. • Theater: o Indoor Picture: A building or part of a building devoted to the showing of moving pictures on a paid admission basis. o Outdoor Drive-In: An open lot or part thereof, with its appurtenant facilities devoted primarily to showing of moving pictures, on a paid admission basis, to patrons seated in automobiles. • This Title: The combined chapters of zoning ordinances. • Trim, Non-Structural: The molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways which are attached to a sign structure. • Undeveloped lot or parcel: Any lot or parcel which lacks or is deficient in one or more of the following utility services: Improved road access, water, sewer, or other utilities necessary for the health, welfare and safety of the occupant or general public. • Uniform Building Code (UBC): The current edition of the Uniform Building Code as enforced by the Sanpete County Building Department. • Utility Services: All utility services provided by Moroni City to its residents under Title 8. • Use: The specific purposes for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. 15 o Accessory: A subordinate use customarily incidental to and located upon the same lot occupied by the main use and devoted exclusively to the main use of the premises. o Conditional: A use or occupancy of a building, or use of land, permitted only when authorized upon issuance of a conditional use permit, and subject to the limitations and conditions specified therein. A conditional use permit is intended to allow compatible integration of uses which may be suitable only in certain locations within a particular zone, or only upon certain conditions and/or design criteria being achieved. o Permitted: Any use lawfully occupying land or buildings as authorized in the zone regulations and for which no conditional use permit is required. • Variance: A deviation from the established zoning code. • Yard: An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward by buildings, except as otherwise provided herein. o Front: An open 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. The “depth” of the front yard is the minimum distance between the front lot line and the front line of the building. o Rear: An open, unoccupied space on the same lot with a building between the rear line of the building (exclusive of steps) and the rear lot line and extending the full width of the lot. o Side: An open, unoccupied space on the same lot with a building between the side line of the building (exclusive of steps) and the side lot line and extending from the front yard to the rear yard. • Zone: The geographical area of the City within which the zoning regulations are uniform. • Zoning Officer: The official or other person charged with the administration and enforcement of this Title or his duly authorized representative or enforcement officer. • Zoning Ordinance or Ordinance: The Zoning Ordinance of Moroni, Utah. (Ord, or 2000-4-12, 4-12-2000; amd. 2000 Code) Section • Enforcement Chapter 10-3 Administration 10-3-1 • Zoning and Building Permits, Plans 10-3-2 • Licensing 10-3-3 • Amendments to this Title or Zone Map 10-3-4 • Penalty 10-3-5