10-2-1 Definitions

For the purpose of this title, certain numbers, abbreviations, terms and words shall be used, interpreted and defined as set forth herein. Defined terms will appear as proper nouns throughout this title. Words not defined herein shall have a meaning consistent with Webster's New Collegiate Dictionary, latest edition. ACCESSORY BUILDING: A building subordinate to the principle building on the same parcel. An accessory building may include uses authorized by this title, including an accessory dwelling unit where permitted. (8-2026, 9-1-26) ACCESSORY DWELLING UNIT (ADU): A habitable residential dwelling unit added to, created within, or detached from a primary single-family dwelling and contained on one parcel. (8-2026, 9-1-26) AFFECTED ENTITY Cache County, Logan City, Providence City, Cache County School District, Cache County Sheriff, ProLog Irrigation, public utility companies (gas, electricity, water and sewer), property owners, property owners associations, and any other special district defined in state code. (1-2023, 3-21-2023) AGRICULTURE: The growing of crops in the customary manner in the open. The growing of field crops and fruit is permitted. It may include the keeping of horses, cattle and fowl as regulated herein. APARTMENT: A separate dwelling unit within a structure with a separate entrance and exclusive living, cooking, sleeping and bathroom areas. APARTMENT HOUSE (TWO-FAMILY DWELLING): Any building or portion thereof which is designed, built, rented or leased, let or hired out to be occupied, or which is occupied as the home or residence of no more than two (2) families living independently of each other and doing their own cooking within the premises. BOARDING HOUSE, LODGING HOUSE: A building, other than an inn, where, for compensation, lodging for three (3) or more unrelated people is provided for BARBER SHOP: BEAUTY SHOP: BODY ART: BODY ART ESTABLISHMENT: BUILDING: BUILDING HEIGHT: BUILDING LINE: BUILDING, MAIN: BUILDING, PUBLIC: CANTILEVER: CARPORT: usually a week or longer. Living quarters in said residence are not provided with separate kitchens. Men’s hair stylist shop, primarily engaged in cutting, trimming, and styling men’s and boy’s hair; and/or shaving and trimming men’s beards. (2-2021, 6-1-21) Unisex styling shop primarily engaged in furnishing services in one or more of the following: (1) cutting, trimming, shampooing, coloring, waving, or styling hair; (2) providing facials; and (3) applying makeup. (2-2021, 6-1-21) The practice of physical body adornment by the permitted establishments, operators, and registered body art techniques: body piercing, tattooing, permanent cosmetics, branding, and scarification. This definition does not include practices that are considered medical procedures by the state medical board such as implants under the skin which shall not be performed in a body art facility. (1-2016, 3-22-16) The location, place, or business that has been granted a permit by the governing health department, whether public, or private, where the practices of body art are performed, whether or not for profit. (1-2016, 3-22-16) Any structure built for the support, shelter or enclosure of people, animals or property of any kind. The vertical distance as measured from the highest point of the roof of the building, not including a chimney or vane, mechanical equipment screen, or un-inhabited building mechanical-electrical equipment space down to the point representative of the average finished grade of the land around the perimeter of the building. A line designating the minimum distance which buildings must be set back from a street or lot line. The setback is measured to the front face of the building, vertical supports of a covered porch or covered terrace. Steps, uncovered porches and stoops, which are thirty inches (30") or over in height, shall be regarded as part of building. The principal building or buildings upon a lot. See definition of Public Building. Overhanging structure with or without external bracing. (6-2016, 9-27-16) A structure for the shelter of automobiles that is not completely enclosed by walls. CHURCH: CLINIC: CLUB: COMMERCIAL VEHICLE COMMON AREA: CONDITIONAL USE: CONSTRUCTION: CONVALESCENT HOME: DENSITY: DETACHED ACCESSORY DWELLING UNIT, (DADU): A permanent building for the purpose of conducting religious services and other activities associated with a religious denomination. A building used for the diagnosis and treatment of ill, infirm and injured persons which does not provide board, room or regular hospital care and services. A building used, occupied and operated by an organized association of persons for social, fraternal, religious or patriotic purposes, whose activities are confined to the members and their guests, but not including any building used principally to render a service usually and ordinarily carried on as a business. A motor vehicle constructed for the conveyance of goods or merchandise, or for the conveyance of materials used in any trade, business, industry or work whatsoever, other than a motor vehicle for the conveyance of passengers, and includes any motor vehicle that is designed primarily for the carriage of person, but which has been fitted or adopted for the conveyance of goods, merchandise or materials referred to, and is in fact used for that purpose. A vehicle that has a gross vehicle weight rating (GVWR) or gross combination weight rating of 10,000 lbs. or more, whichever is greater. It must be registered by the Department of Transportation. (1-2023, 3-21-23) An area designed to serve two (2) or more dwelling units, which have convenient access to the area. A land use that, because of its unique characteristics or potential impact, is allowed only if certain measures are taken to mitigate or eliminate potential impacts. The erection, reconstruction, remodeling or razing of any structure to the extent of five hundred dollars ($500.00) of its replaceable value. See definition of Rest Home. Density of population measured by the number of dwelling units per acre of land. A subordinate residential dwelling unit that is detached from the primary single-family dwelling, located on the same zoning parcel, and that meets all requirements of Title 10, including the requirements of 10-13-28. (8-2026, 9-1-26) DEVELOP, DEVELOPMENT: DEVELOPER: DWELLING, CARETAKER'S: DWELLING, CONVENTIONAL: DWELLING, MULTIPLE-FAMILY: DWELLING, MULTIPLE-FAMILY (TOWNHOUSE): DWELLING, SINGLE-FAMILY ATTACHED: DWELLING, SINGLE-FAMILY DETACHED: DWELLING, SINGLES: To divide land for purposes other than agriculture; to prepare land for division, building or improvements, including grading, fencing for planned residential lots, road building or utility placement, to place structures or utilities, fencing for other than agriculture or roads. Also includes a change in the use of an existing structure or on land; mining or excavation; a material change in the external appearance of a structure or land; placement of accessory buildings; demolition of a structure; deposit of waste or fill on a parcel of land; alteration of a shore, or floodplain of a body of water or riparian area. "Development" does not include maintenance and repair within a right of way, external maintenance or improvement of an existing structure or the use of land for growing plants, crops, trees and other agricultural or forestry products. The applicant for any development. A dwelling which is occupied by a person whose function is to watch or take care of a business or industry which is located on the same premises as the dwelling. A dwelling that is constructed in compliance with the provisions of the International Residential Code (IRC.) Any building or portion thereof, which is designed, built, rented, leased, or let to be occupied as three (3) or more dwelling units under a single roof on one lot of record, each unit of which is designed and constructed for occupancy by one family. (8-2022, 8-30-22) Any building or portion thereof, which is designed and built to be occupied as three (3) or more dwelling units as a home or place of residence by three (3) or more families living in independent dwelling units. Each unit is located on a separate lot of record. (8-2022, 8-30-22) A dwelling joined to another dwelling at one or more sides by a party wall or abutting separate walls, each dwelling designed for occupancy by one family on a separate lot of record. (8-2022, 8-30-22) A building containing one dwelling unit which is designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract. (8-2022, 8-30-22) A dwelling unit, which is occupied by no more than three (3) nonrelated adults. DWELLING, TWO-FAMILY (DUPLEX): DWELLING UNIT: EASEMENT: FAMILY: FENCE, SIGHT OBSCURING: FINAL PLAT; RECORD OF SURVEY MAP: FLAG LOT: FLOOR AREA: FRACTIONAL NUMBERS OF MEASUREMENTS: A building containing two (2) separate dwelling units, under a single roof on one lot of record, each unit, of which is designed and constructed for occupancy by one family. (8-2022, 8-30-22) A unit of a residential building consisting of one or more rooms, a kitchen or cooking facility and an independent bathing facility. A grant of land by a landowner (or as obtained by operation of law) for use of such land by the public, a corporation or other persons for specific uses and purposes as so designated or recorded. An individual, or two (2) or more persons living together in a single dwelling unit and maintaining a common household. The term "family" shall not be construed to mean more than four (4) unrelated individuals, a fraternity, club or institutional group, except residential facilities for elderly and disabled persons as provided for by Utah statutes. (4-2010, 7-13-10) (8-2026, 9-1-2026) A fence having a height of six feet (6') or more above grade which obstructs vision. A plat or plats of survey of land within a subdivision or other large-scale development which has been prepared in accordance with applicable city standards and state statutes for the purpose of recording in the office of the Cache County Recorder. A lot not having the required frontage upon a public street, but having access to a public street, together with required yards and area requirements as required by this title. See section 10-20-1 of this title. The floor area of a building is the sum of the areas of headroom height on all floors of the building, including basements, mezzanines and penthouses, measured from the exterior walls or from the centerline of walls separating buildings. The floor area does not include unoccupied structures such as pipe trenches, exterior terraces or steps, chimneys, roof overhangs, etc. In determining the requirements of this title, whenever a fraction of a number or a unit is one-half (1/2) or more, and whenever a fraction of a number or a unit resulting from a computation is one-half (1/2) or more, said fraction shall be rounded up to a whole number or a unit. Where the fraction is less than one-half (1/2), said fraction shall not be included in determining requirements. GARAGE, PRIVATE: GARAGE, PUBLIC: GENERAL PLAN: GRADE: HOME-BASED MICROSCHOOL: HOME OCCUPATION1: HOUSEHOLD PETS: A building or part thereof designed for the parking or temporary storage of automobiles of the occupants of the premises in which no occupation or business is conducted. A garage shall be considered part of the 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, selling or storing of motor driven vehicles. A coordinated plan prepared and adopted for the purpose of guiding development, including, but not limited to, land use, transportation, infrastructure, housing types, public facilities and open space. A. For buildings fronting on one street only, the elevation of the sidewalk or centerline of street, whichever is higher, at right angle to the midpoint of the fronting wall. B. For buildings fronting on more than one street, the average of the elevations of the sidewalks or centerlines of streets, at right angle to the midpoint of the fronting walls. C. For buildings having no wall fronting on the street: the average level of the sidewalk or centerline of surrounding streets, whichever is higher. An individual or association of individuals that A) register as a business entity in accordance with state and local laws; and B) for compensation, provide kindergarten through grade 12 education services to 16 or fewer students from an individual’s residential dwelling, apartment, or residential property. Home-based microschool does not include a daycare. (7-2024, 11-19-24) A legal use or business, conducted within a dwelling or upon residential property. Business activity shall be clearly and obviously subordinate to the main purpose of the home as a residence. The exterior of any home-based business shall maintain the appearance of a residential dwelling at all times. Conditional use of that property will become void when the business ceases. (3-2018, 8-14-18) Animals or fowl which may or may not be kept in the dwelling unit such as dogs, cats and birds; and providing that no more than two (2) of any species at least four (4) months of age are kept. Household pets may be kept outside the dwelling unit, provided they do not become a public nuisance. INTERNAL ACCESSORY DWELLING UNIT (IADU): JUNK: KENNEL2: LAND USE PLAN: LANDSCAPE PLAN; PLANTING PLAN: LANDSCAPING: LIVESTOCK: LIVESTOCK CORRAL: LOT: LOT, CORNER: LOT FRONTAGE: A second dwelling unit that is part of a primary dwelling on a parcel. (8-2026, 9-1-26) Including, but not limited to, materials similar to the following: old or scrap metal, rope, rags, batteries, paper, trash, rubber, debris, waste; or junked, dismantled or wrecked automobiles or parts thereof; or unused or discarded machinery, furniture, appliances or parts thereof, used scrap lumber, discarded building materials, or old scrap metal. (3-2023, 5-2-23) Land or buildings used in the keeping of three (3) but no more than four (4) dogs over four (4) months old. Yard or space for the confinement and control of animals to be completely fenced in. (1-2023, 3-21-2023) A plan adopted and maintained by the city council which shows how the land should be used; an element of the master plan. A plan showing the location and dimensions of plants at maturity, irrigation equipment, curbs and other protective features, and the common name of the plant material to be planted. The use and integration of a combination of planted trees, shrubs, vines, ground covers, lawns, rocks, fountains, pools, art works, screens, walls, fences, benches or surfaced walkways set into an aesthetic and pleasing arrangement. The keeping of domestic animals such as cattle, horses, sheep, hogs, goats, etc., that are raised for commercial or home use. A place or pen where livestock are kept as part of an agricultural or commercial enterprise or operation permitted in the agricultural zone as distinguished from a livestock feed yard. A single parcel or tract of land. A lot abutting two (2) intercepting streets, where the interior angle of intersection does not exceed one hundred thirty-five degrees (135°). All property fronting on one side of the street between intersecting or intercepting streets, or between a street and right of way, waterway, end of dead end street, or political subdivision boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. LOT, INTERIOR: LOT OF RECORD: LOT, ZONING: MANUFACTURED HOME: MICRO-EDUCATION ENTITY: A lot other than a corner lot. A lot designated on a subdivision plat or deed, duly recorded pursuant to statute in the county recorder's office. A lot of record may or may not coincide with a zoning lot. A parcel of land which: A. Complies with all existing area, frontage, width and supplementary requirements of the zone in which it is located. B. Has frontage on a city street, which street has been accepted by the city and has been improved in accordance with city standards and is in use by the public, or C. Is a city-approved lot or part of a private lane development. D. Is shown as a separate lot in an approved subdivision plat or large-scale development plan, which plat or plan has been approved in accordance with the applicable ordinances, or which is exempted from compliance with said ordinances. A new and unused dwelling unit which meets the federal home construction and safety standards act of 1974 (effective June 15, 1976) of the United States department of housing and urban development, constructed on a permanent chassis to be transported and used as an independent dwelling to be located upon a permanent masonry foundation system in all residential zones. Manufactured homes, when installed on a residential lot, shall have a minimum of one thousand (1,000) square feet, with a minimum width of twenty four feet (24'). The installation of the manufactured home shall have the appearance of an on-site, stick built, single-family dwelling structure which contains the following: a minimum three to twelve (3:12) pitched roof, composition asphalt shingles or approved shingle materials, suitable eaves and gable roof overhangs, dwelling type siding, and removal of any and all running gear, including tongues, axles, brakes, wheels, lights, towing hitch, etc. A person or association of persons that: A. Registers as a business entity in accordance with state and local laws; and B. For compensation, provides kindergarten through grade 12 education services to 100 students or fewer. Micro-education entity does not include: a daycare; a MUSEUM: NAIL SALON NONCONFORMING BUILDING: NONCONFORMING USE: NURSERY, DAYCARE: OFF SITE IMPROVEMENTS: ON SITE IMPROVEMENTS: OPEN SPACE: OWNER OCCUPIED: PARCEL: PARKING SPACE: home-based microschool; a private school; or a school within the public education system. (7-2024, 11-19-24) A permanent building for the purpose of storing, preserving and exhibiting historic, artistic or scientific objects. Primarily engaged in providing nail care services, such as manicures, pedicures, and nail extensions. (2-2021, 6-1-21) A building, structure, or portion thereof, which does not conform to the regulations of this title applicable to the zone or district in which such building is situated, but which legally existed on the effective date hereof. A use of premises that does not conform to the regulations of this title, but which legally existed on the effective date hereof. A home or building in which children are tended or kept for compensation. It does not include overnight accommodations for children as in a foster home or an orphanage. The construction of improvements that are not located on the parcel under development and most generally within the public right of way abutting said property, including, but not limited to, sidewalk, curb and gutter, driveway access, street trees and landscaping or planting strip. The construction of improvements within the boundaries of a parcel proposed for development. Any area of a lot or parcel of land unobstructed upward, except by trees, other natural vegetation, or landform. The legal owner of record occupies either the primary dwelling or the ADU as the owner’s primary residence. (8-2-26, 9-1-26) Any contiguous land under common ownership. This may include, but is not limited to, that portion of an R-2 lot which is divided into equal portions for the purposes of sole ownership of one-half (1/2) of the structure which contains the pertinent dwelling unit and one-half (1/2) of the lot area. It may also include land ownership arrangements of land included in a planned unit development designed for variable ownership as shall be approved by the city. A space, not less than twenty feet (20') in length and not less than nine feet (9') in width, within a building or parking area, exclusive of driveways, ramps, columns, office and working area, for the parking of a motor vehicle. PLANNED UNIT DEVELOPMENT (PUD): PRIMARY DWELLING PROFESSIONAL OFFICE (IN A RESIDENTIAL ZONE)³: PUBLIC BUILDING: PUBLIC PARK: PUBLIC WATER SYSTEM: RECREATIONAL VEHICLE: RESIDENTIAL FACILITY FOR ELDERLY PERSONS: A development of integrated design for residential uses in which the rigid requirements of conventional zoning are relaxed to allow for innovative and flexible design and at the same time assuring compatibility within the development as well as with adjacent developments. The development may include various housing types (single structure residences, duplexes, townhouses, condominiums, etc.), in attached or detached construction arrangements, and various types of ownership. Each dwelling unit must occupy all space above and below ground of the building or portion thereof, allocated to it. Said developments shall provide passive and active open space areas. Planned unit developments shall be constructed only with an approved plan and meeting such additional requirements as may be imposed by the city. A second dwelling unit that is part of a primary dwelling on a parcel. (8-2026, 9-1-26) The use of a dwelling unit to offer professional services such as consulting, legal services or medical services by not more than one doctor, dentist or healthcare professional. Retail sales, automobile repair or any business that requires the use or storage of any hazardous material is not allowed. A conditional use permit is required for a professional office in all residential zones. (If a professional office is a subordinate use of a dwelling unit as a residence, then the home occupation ordinance 3 applies and a conditional use permit is not required.) Any building, or group of buildings, constructed by a government entity and intended for use by the general public as established by state law (i.e., public schools, government offices, etc.). A tract of land set aside for the purpose of providing recreation for the general public. The River Heights City water system. A vehicle, with or without self-power, maintained primarily as a temporary dwelling for travel, vacation or recreation purposes and having a width of eight feet (8') or less, with a pullout partition retracted. This includes, but is not limited to, a travel trailer, truck camper, camping trailer, motorboat and motor home. A single-family or two-family unit shall not be operated or considered as a business. Said facility shall be occupied on a twenty-four (24) hour basis by eight (8) or fewer elderly persons in a family-type arrangement, and be consistent with RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: REST HOME; NURSING HOME; CONVALESCENT HOME: SENSITIVE AREA OVERLAY ZONE: SETBACK: SHORT TERM VACATION RENTAL (STVR): SIGN: SIGN, ACCESSORY: existing zoning of the desired location. Said residential facility shall not be established within three-fourths (3/4) mile of another existing "residential facility for elderly persons" or "residential facility for persons with a disability," as defined in this section. River Heights City herein adopts the standards and definitions within said Utah Code Annotated. A residence in which more than one person with a disability lives and that meets the provisions of Utah Code Annotated section 10-9a-516. Said residence shall be licensed or certified by the Utah department of human services under Utah Code Annotated title 62A, chapter 2, licensure of programs and facilities, a permitted use in any zoning district where residential uses are allowed, and only required to obtain permits that verify compliance with the building, safety and health requirements that are applicable to similar structures. Said residential facility shall not be established within three-fourths (3/4) mile of another existing "residential facility for persons with a disability" or "residential facility for elderly persons," as defined in this section. River Heights City herein adopts the standards and definitions within said Utah Code Annotated. A building for the prolonged care of persons suffering from illness, injury, deformity or deficiency or age, which is licensed by the state of Utah. An established and adopted zone delineating sensitive environmental or natural areas and provisions for the protection and enhancement of the same. The shortest distance between the property line and the foundation wall, vertical supports, cantilevers, porches or steps over thirty inches (30") in height or the main frame of the building. (6-2016, 9-27-16) A single-family dwelling, or any portion thereof, utilized as a business for lodging, or sleeping purposes, whereby, the owner hosts visitors in the owner’s home, for compensation, for periods of twenty-eight (28) consecutive days or less. The owner must live on-site, in the home. A River Heights City Home Occupation License is required. STVRs shall comply with all ordinances within the zone. (2-2019, 5-28-19) Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including a flagpole. An on-premises sign that directs attention to a business or profession conducted on the premises. SIGN, AREA OF: SIGN, HOME OCCUPATION: SIGN, OFF PREMISES; BILLBOARD: SIGN, PUBLIC INFORMATION: SIGN, TEMPORARY: STRUCTURAL ALTERATIONS: STRUCTURE: SUBSTANDARD LOT: The area of a sign shall be considered to include all lettering, wording and accompanying designs or symbols, together with any background material, whether painted or applied. Where a sign consists of individual letters attached to or painted on a building or wall or window, the area of the sign shall be as required herein. A non-illuminated sign, no larger than two and three-fourths (2-3/4) square feet in area, placed on or against the dwelling unit or displayed in a window, but not freestanding, and indicates the home occupation existing legally upon the premises. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises, if at all. A sign erected by a public or nonpublic agency, service club, etc., giving information to direct the public to such facilities and/or uses. A sign (which shall include banner, pennants or advertising constructed of cloth, canvas, cardboard, wallboard or other light material, with or without frames,) which is intended to be displayed temporarily for a period of not more than thirty (30) days annually. Any change in supporting members of a building, such as bearing walls, columns, beams or girders. A combination of materials constructed for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land. (1-2018, 3-13-18) A. Any lot under separate ownership from adjacent lots and of record at the time of passage of this title, that: 1. Legally existed before its current zoning designation; 2. Has been maintained continuously since the time the zoning regulation governing the land changed; and 3. Because of subsequent zoning changes, does not conform to the zoning regulations that now govern the land. B. If such lot has a smaller width than required for the zone in which it is located, the width of each of the side yards for the single-family dwelling may be reduced to a width which is not less than the same percentage of the width of TRANSPARENT FENCE VARIANCE: YARD: YARD, FRONT: YARD, REAR: YARD, REQUIRED: YARD, SIDE: ZONE: ZONING ADMINISTRATOR: ZONING LOT: the lot as the required side yard would be of the required lot width; provided, that on interior lots the yard shall in no case, be less than five feet (5'), and for corner lots the side yard on the street shall, in no case, be less that fifteen feet (15') or the other side yard be less than five feet (5'). Fence design and construction shall be 70% visually and physically open to allow a minimally obstructed view of sidewalks and streets. (1-2019, 4-11-19) (4-2019, 8-13-19) A modification of specific regulations of this title which the appeal authority is authorized to grant when strict enforcement of such provisions would cause unreasonable hardship as outlined by state law. (4-2010, 7-13-10) An open space, on the same lot as a building, unoccupied or unobstructed from the ground upward, except as otherwise provided in this title. The space on the same lot with a building between the front line of the building (exclusive of steps less than thirty (30) inches in height, or stairwells,) and the front lot line, extending the full width of the lot. On a corner lot, the location of the main entrance to a building denotes the front of the building. The space on the same lot with a building between the rear line of the building (exclusive of steps less than thirty (30) inches in height, or stairwells,) and the rear lot line, extending the full width of the lot. The open space around buildings which is required by the terms of this title. The space on the same lot with a building, between the side line of the building (exclusive of steps less than thirty (30) inches in height, or stairwells,) and the side line of the lot, extending from the front yard line to the rear yard line. A portion of the incorporated area of the city shown on the zoning map associated with this title and given a formal zoning district designation. The person appointed by the mayor and with approval of the city council to administer this title. The zoning administrator may assign or utilize other city employees with the approval of the city council to perform the functions required of the zoning administrator. See definition of Lot, Zoning. (Ord., 1-22-2002; amd. Ord. 04-12-14, 1-11-2005, eff. retroactive to 12-14-2004; Ord. 0-01-13, 1-11-2005, eff. retroactive to 11-26-2002; 2005 Code) ZONING ORDINANCE The term “Zoning Ordinance” is interchangeable with the term “Land Use Ordinance” throughout this code. (1-2015, 6-23-15) 1 See also Definitions in Sections 3-1-3 and 3-1-7 of this code. 2 See also Section 5-2-1 of this code. 3 See also Title 3, Chapter 1 of this code.