11-2-2 Terms Defined

A. Whenever any words or phrases used in this title are not defined herein, but are defined in related sections of the Utah code, subdivision ordinance, or the family of international building codes, such definitions are incorporated herein and shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention. Words not defined in any code shall have their ordinarily accepted meanings within the context in which they are used. B. Words used in the present tense include the future; words in the singular number include the plural and the singular; words not included herein but defined in the building code shall be construed as defined therein. For the purpose of this title, certain words and terms are defined as follows: ACCESS: The provision of vehicular, bicycle, or pedestrian ingress and egress to any building, structure, facility, or property. ACCESSORY An independent, subordinate dwelling unit contained within APARTMENT: an existing single-family detached dwelling or its accessory detached garage. All accessory apartments shall comply with the requirements of section 11-7-2(D) of this Title. ACCESSORY BUILDING: A detached subordinate structure, the use of which is incidental to that of the primary structure and located on the ACCESSORY USE: same lot therewith. AGRICULTURE USE: A use incidental to and associated with a specific primary use, located on the same parcel. AGRICULTURE BUILDING The science and art or occupation concerned with cultivating AGRICULTURE land, raising crops, and feeding, breeding and raising ENCLOSURE domestic livestock and fowl; also farming and the production ALLEY: of crops, livestock or poultry, but excluding concentrated AUTOMOBILE animal operations. REPAIR SHOP: A structure used solely in conjunction with agriculture use, AUTOMOBILE and not for human occupancy. SERVICE STATION: BASEMENT: Any structure, except fences, used to house animals, including fowl, or to restrict their habitation to a particular BERM: area. A public thoroughfare twenty six feet (26') or less in width. Any building, structure, or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including but not limited to body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of alarm or stereo equipment, but excludes dismantling or salvaging. A building or structure where the primary purpose is the sale of gasoline and other petroleum products for motor vehicles. A story partly underground. A basement shall be counted as a story for purposes of height measurement if its height is one-half (1/2) or more above grade. A man-made mound of earth, at least two feet tall, used to shield or buffer properties from adjoining uses, highways, or noise, or to control the direction of water flow. BUILDING: Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels. BUILDING,ACCESSORY: A detached, subordinate building clearly incidental to and located upon the same lot occupied by the main building. BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between ridge and eaves of a gable, hip or gambrel 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 purposes of this title, a "carport" shall be subject to all of the regulations prescribed for a private garage. CHILD NURSERY: An establishment for the care and/or instruction, whether or not for compensation, of six (6) or more children other than members of the family residing on the premises. 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. CONDITIONAL USE: A use of land for which a conditional use permit is required. DAIRY: DISTRICT: A commercial establishment for production, manufacture or DWELLING: processing of dairy products. DWELLING, A portion of the area of Newton, Utah, shown on a map SINGLE FAMILY: attached to the ordinance codified herein, which is on file in DWELLING UNIT: the city office, and given a district name. FAMILY: Any building or portion thereof, which is designed for use for residential purposes, except the following: hotels, apartment FENCE: hotels, boarding houses, lodging houses, motels, apartment FRONTAGE: motels, fraternities, sororities, trailers, mobile homes, or dormitories. A building arranged or designed to be occupied by one family, the structure having only one dwelling unit. One or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one family for living or sleeping purposes and having kitchen facilities for the use of not more than one family (other than hot plates or other portable cooking units). One individual, or two (2) or more persons related by blood, marriage, or adoption, living together in a single dwelling unit and maintaining a common household. A family may include four (4), but not more than four (4), nonrelated persons living with the residing family. The term "family" shall not be construed to mean a group of nonrelated individuals, a fraternity, club or institutional group. A structure, solid or otherwise, which is a barrier and used as a boundary or means of protection, confinement, or concealment. All property fronting on one side of the street between intersecting or intercepting streets, or between a street and a GARAGE, PRIVATE: GARAGE, PUBLIC: right of way, waterway, end of dead-end-street or political GRADE: subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the HOME BUSINESS: frontage on the side of the street which it intercepts. An accessory building designed or used for the storage of automobiles owned and used by the occupants 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 the storage of two (2) times as many automobiles 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. A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor driven vehicles. A. For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street. B. For buildings adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls adjoining the streets. C. For buildings having no wall adjoining the street, the average level of the ground (finished surface) adjacent to the exterior walls of the building. All walls approximately parallel to and not more than five feet (5’) from a street line are to be considered as adjoining a street. An occupation performed wholly within a residence or the yard and accessory building being a part of such residence. Such businesses shall be incidental to the residential use of the property and shall conform to the regulations of section 11-8-3 of this Title. JUNK: Old or scrap copper, brass, rope, rags, batteries, paper, JUNKYARD: trash, rubber, concrete and or construction material and /or other debris; waste or junked, dismantled or wrecked KENNEL: automobiles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material. LIVESTOCK FEED YARD: Any place, establishment or business maintained, used or operated for storing, keeping, buying or selling junk, or for LOT: the maintenance or operation of an automobile graveyard, and the term includes garbage and sanitary fills. LOT, CORNER: LOT/PARCEL The keeping, harboring or maintaining on any given COVERAGE: property, three (3) or more dogs regardless of ownership of either the dogs or the property on which the kennel is situated. 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, etc. 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 title and having frontage upon a street. Except for group dwellings, not more than one dwelling structure shall occupy anyone lot. A lot abutting on two (2) intersections or intercepting streets, where the interior angle or intersection or interception does not exceed one hundred thirty five degrees (135°). The percentage of the area of a lot/parcel which is occupied by all buildings, other impervious surfaces, or other covered structures. LOT, INTERIOR: MANUFACTURED A lot other than a corner lot. HOME: A transportable factory built housing unit constructed on or NATURAL after June 15, 1976, according to the HUD Code, in one or WATERWAYS: more sections, that: NONCONFORMING A. In the traveling mode, is eight body feet or more in width STRUCTURE: or 40 body feet or more in length, or when erected on site, is 400 or more square feet; and NONCONFORMING USE: B. Is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when NONCONFORMING connected to the required utilities, and includes the LOT: plumbing, heating, air-conditioning, and electrical systems. All manufactured homes shall conform to the regulations set forth in Utah State Code Section 10-9a-514. Those areas, varying in width, along streams, creeks, springs, gulleys, or washes which are natural drainage channels as determined by the building inspector, in which areas no buildings shall be constructed. A building or structure or portion thereof, lawfully existing at the time the ordinance codified herein, or an amendment to it, became effective which does not conform to all the height, area and yard regulations herein prescribed in the zone in which it is located. A use which lawfully occupied a building or land at the time the ordinance codified herein, or an amendment to it, became effective and which does not conform to the use regulations of the zone in which it is located. A parcel of land that was create that does not meet current standards as defined in the existing ordinance. NURSING HOME: An institution providing residence and care for the aged. PARCEL: PARKING LOT: A legally described piece of land with its own separate tax identification number. PARKING SPACE: RETAINING WALL: An open area, other than a street, used for the temporary ROOMER: parking of more than four (4) automobiles and available for SETBACK: public use, whether free, for compensation, or as an accommodation for clients or customers. Space within a building, lot or parking lot for the parking or storage of one automobile. A manmade barrier constructed for the purpose of stabilizing soil, impeding erosion, or terracing a parcel or site. One who occupies a hired room in another's house. The minimum required distance between any structure and the boundary lines of the lot in which it is located. The front, rear, and side yard setbacks are illustrated in section 11-7-1 of this title and defined as follows: Front Yard: The area of a lot or parcel of land extending across the front width and being the minimum horizontal distance between a street or road right of way line and the principal building or any projection thereof other than steps, unenclosed balconies and unenclosed porches. The front yard of a corner lot is the yard adjacent to the designated front lot line. Rear Yard: The area of a lot or parcel of land extending across the rear width and being the minimum horizontal distance between the primary building, or any projection thereof other than steps, unenclosed balconies and unenclosed porches, and the rear lot line. 11-2-2 Side Yard: An area of a lot or parcel of land extending between the side lot line and the principal building or any projection thereof other than steps, unenclosed balconies and unenclosed porches. SIGN: Any device used for visual communication to the general public and displayed out of doors, including signs painted on exterior walls, and interior illuminated signs to be viewed from 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 not related 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, NAMEPLATE: A sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises, or indicating a home occupation legally existing on 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 A sign erected by a public or nonprofit agency, service club, INFORMATION: 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. STABLE, PRIVATE: A detached accessory building for the keeping of horses 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-included between the surface of any floor and the surface of the ceiling next above. STORY, HALF: A story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (2/3) of the floor immediately below it. STREET: A public thoroughfare which affords principal means of access to abutting property, and is more than twenty six feet (26') wide. STRUCTURAL Any change in supporting members of a building, such as ALTERATIONS: bearing walls, columns, beams or girders. STRUCTURE: Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground. TRAILER CAMP OR Any area or tract of land used or designed to accommodate MOBILE HOME PARK: two (2) or more trailers, mobile homes or camping parties. TRAILER, MOBILE A vehicle with or without motive power or wheels, designed HOME, OR CAMPER: to be used for human habitation. USE, ACCESSORY: A subordinate use customarily incidental to and located upon the same lot occupied by a main use. VETERINARY OR A building and runs where both large and small animals are ANIMAL HOSPITAL: kept and/or treated by a licensed veterinarian. WIDTH OF LOT: The distance between the side lot lines at the distance back ZONE: from the front lot line required for the depth of the front yard. A portion of the area of Newton Utah, shown on the zoning map attached to the ordinance codified herein, which is on file in the city office, and given a zone name; and may include one or more "districts", as defined and designated by this title. ADMINISTRATION 11-3-1: Planning Commission 11-3-2: Appeal Authority 11-3-3: Building Inspector 11-3-4: General Plan, Land Use, and Subdivision Ordinance Amendments 11-3-5: Establishment of Land Use Authority 11-3-6: Violation and Penalty 11-3-7: Areas Annexed