14-1-040 GENERAL PROVISIONS: Definitions

As used throughout this title, the following words shall have the meanings set forth herein: A. “Accessory Building”--A subordinate building, the use of which is incidental to that of the main building. B. “Accessory Use”--A related use which is incidental to the prescribed and permissible use. C. “Affected Entity” – A government entity, school district, public utility, interlocal cooperative entity, or special service district whose facilities are likely to require expansion or significant modification because of an intended use of land or the entity’s facilities or boundaries are within one mile of land which is the subject of a land use ordinance change. D. “Agriculture”--Agriculture shall mean the growing of soil crops in the customary manner in the open. It shall also include livestock raising activities. It shall not include retailing of goods on the premises. E. “Animal Unit”--An animal unit shall mean one horse, or one cow, or two sheep, or ten fowl. F. “Assisted Living Center” – a housing alternative for seniors who have varying degrees of independence but need daily assistance with dressing, bathing, reminders to take medicines, meal preparations, etc. G. “Bed and Breakfast Inn”--Any building which is used to provide temporary lodging and simple meals for no more than two or three days and nights to the traveling public. H. “Boarding House”--A building containing not more than one kitchen, where, for compensation, meals and sleeping accommodations are provided pursuant to previous arrangements on a daily, weekly, or monthly basis in contradistinction to a hotel or a cafe. I. “Conditional Use”--A use which is permitted in a zone only after obtaining a conditional use permit required by this Ordinance. J. “Corner Lot”--A lot situated at a junction of two public streets, or situated on a curved street or way whose radius is thirty-five (35) feet or less, and where the angle formed by the intersection of the tangent is one hundred five (105) degrees or less. K. “Curb Cut”--A cut in the curb line for the passage of vehicles. L. Development Review Committee or DRC – A committee that provides technical review, analysis, and recommendations to the Planning and Zoning Commission and the City Council as related to the City’s Comprehensive General Plan, Zoning Ordinance, Subdivisions, Capital Facilities Plan, and Site Plans. M. “Dwelling”--Any permanent building which is used and approved for residential purposes. N. “Dwelling Unit”--One or more rooms in a building designed for or occupied by one family for living or sleeping purposes. O. “Family”--An individual or two or more persons related by blood, marriage or adoption living together in a dwelling unit. P. “Final Decision” – A decision by a land use authority which approves, approves with conditions, or denies a land use application. A final decision is made by motion and majority vote in a public meeting, or by a written decision if no vote is taken in a public meeting. When a final decision is made by a staff person, it is when the application is either approved or denied in writing. Q. “Formally Initiated” – An act taken to change or modify a land use ordinance by application or by motion of the Planning and Zoning Commission or City Council, made in a public meeting. R. “Garage”—A fully enclosed accessory building or portion of a main building designed for the parking or temporary storage of automobiles of the occupants of the premises. S. “Grade”--The average of the finished ground level at the center of exterior walls of a building. T. “Guest”--a person staying or receiving services at a hotel, motel, bed and breakfast, boarding house, rooming house or rest home, or similar use for compensation. U. “Historic site or building” means any structure which is listed individually in the Nation Register of Historic Places, such register being maintained by the United States Department of Interior. V. “Home Occupation”--The use of space within a dwelling as an office, studio, shop or work room for occupation at home by a person residing on the premises or their family members. W. “Height of Building”--Shall be the vertical distance from the grade to the elevation of the square of the building. Where the building walls vary in height along a side yard, the height of the building shall be determined by multiplying the length of each section of said wall by its height and dividing the sum derived therefrom by the total length of said wall. X. “Hotel or Motel”--Any building used, rented, or hired out to be occupied on a daily or weekly basis for sleeping purposes by guests. Y. “Household Pet”--Animals or fowl customarily permitted in the house and kept for company or pleasure, including dogs, cats, and similar animals. Z. “Independent Living” -- multi-unit housing for active seniors who are ready to downsize but want a comfortable place to call home with little to no maintenance. AA. “Interior Lot”--A lot other than a corner lot. BB. “Land Use Authority” – A person, board, commission, agency, or other body designated by ordinance to act upon a land use application. CC. “Land Use Ordinance” – A Planning, Zoning, Development, or Subdivision Ordinance of the City, but does not include the Comprehensive General Plan. DD. “Lot”--Land occupied or to be occupied by a building or buildings together with such open spaces as required under this Ordinance and having its principal frontage on a street or on officially approved place. Also building sites without reference to lots as recorded on official plats. EE. “Master Plan”--A comprehensive plan, or part thereof, which has been adopted by the City Council for the purpose of building development in the city, including but not limited to, a plan or plans of land use, streets, parks, and playgrounds, public buildings and grounds, off-street parking, neighborhood conservation, water facilities, sewerage facilities and similar plans. FF. “Main Building”--One or more of the principal buildings upon a lot. GG. “Manufactured Home”--Shall mean a dwelling unit, designed to be transported after fabrication on its own wheels or detachable wheels and which is ready for occupancy as an independent dwelling unit except for connection to utilities and/or location on a foundation. The term mobile home shall not include conventional houses which are manufactured elsewhere and moved into an area for use as permanent housing. HH. “Non-Complying Structure” – A structure that 1) legally existed before its current land use designation; and 2) because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations which govern the use of land. II. “Non-Conforming Building”--A building, structure, or portion thereof, which does not conform to the regulations of this Ordinance applicable to the zone or district in which such building is situated, but which existed prior to the effective date of this Ordinance. JJ. “Non-Conforming Use” – The use of land that: 1) legally existed before its current land use designation; 2) has been maintained continuously since the time a land use ordinance governed the land; and 3) because of one or more subsequent land use ordinance changes, does not conform to regulations that now govern the use of the land. KK. “Nursery or Day Care”--The watching, caring for or tending children for compensation. LL. “Offstreet Parking Space”--An area for the parking of automobiles which does not include a public street, but has convenient access to it. MM. “Parking Space”--Space, exclusive of driveways, ramps, columns, office and working areas, for the parking of a motor vehicle, not less than eighteen (18) feet in length and not less than eight and one-half (8½) feet in width. NN. “Park and Playground”--An open space which has been dedicated, designed for or used for outdoor recreation activities. Not including outdoor theaters and similar commercial recreational activities. OO. “Public Parks”--Parks which are owned and/or maintained by the City and which are open to use by the general public. PP. “Rest Home, Nursing Home, Convalescent Home”--A building for the care and keeping of persons in need of medical assistance and/or physical or occupational therapy, whether due to infirmities incident to age, accident, or illness. A rest home is not a boarding, lodging or rooming house. QQ. “Section House or Modular Homes”--A home fabricated in two or more sections or modules which are transported to a building site for placement on a permanent foundation, and which carries the HUD seal of compliance with national safety standards. RR. “Setback”--The shortest distance between the property line and the foundation, wall or main frame of the building. SS. “Single –family Dwelling” – A detached building designed for one family unit and having one main kitchen. TT. “Story”--That portion of a building included between the surface of a floor and the ceiling next above it. UU. “Street”--A public thoroughfare for the passage of vehicles. VV. “Trailer House”--The term trailer house shall mean any vehicle used or maintained for temporary human habitation. Trailer houses shall be deemed to include vehicles on their own separate wheels, separated from the sources of motive power and shall also include campers of the type normally put on trucks or trailers. For purpose of this title, trailer houses shall also refer to units in which the habitation unit is integrated as a part of the motor vehicle. WW. “Treatment/Rehabilitation Facility”: means a 24-hour group living environmental for four or more individuals unrelated to the owner or provider that offers room or board and specialized treatment, rehabilitation, or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies. Individuals residing therein for treatment are assisted in acquiring the social and behavioral skills necessary for living independently in the community. Individuals who have been charged with the commission of any felony or who are convicted sex offenders are ineligible to reside in such a facility. For purposes of this definition, resident means a non-staff person who spends nights at the facility, or who spends four or more consecutive hours at the facility, or who receives treatment at the facility. In appropriate circumstances, resident also includes up to three dependent children twelve years of age or younger, provided that the overall average of dependent children at a treatment facility may not be more than two per resident. XX. “Twin Home”--Any building or portion thereof which is designed, built, rented, or sold, to be occupied or which is occupied as the home or residence of two families living independently of each other. The individual units of a twin home may be rented or sold separately. Construction of any twin home shall include a fire wall which complies with the uniform building code. No building without a fire wall may be approved as a twin home. YY. “UCA”--The term UCA shall mean Utah Code Annotated (1953 as amended).