19.02.02 Definitions (part 1 of 2)

As used in this Title: 1. “Accent Material or Color” means a building material or color that is used to supplement or contrast the primary materials and colors of a building and is typically less than 10 percent of a façade. Examples include window and door treatment, awnings, roof eaves, wainscots, and contrasting trim. 2. “Accessory Building” or “Accessory Structure” means a building or structure that: a. is clearly incidental to and found in connection with a principal or main building; b. is subordinate to and serves a principal or main building; c. is subordinate in area, extent, or purpose to the principal or main building served; d. is located on the same lot as the principal or main building served; and e. contributes to the comfort, convenience, or necessity of the occupants, business, or industry in the principal or main building, and f. does not include storage containers. 3. “Accessway” means the place, means, or way by which vehicles have safe, adequate, and usable ingress and egress to a property. The accessway consists of the driveway and driveway approach. 4. “Agriculture” means the use of land for tree farming or growing or producing field crops, livestock, and livestock products, excluding feedlots or mink operations. a. “Field crops” include, among others, barley, soy beans, corn, hay, oats, potatoes, rye, sorghum, and sunflowers. b. “Livestock” includes, among others, dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds, and other animals including dogs, ponies, deer, and rabbits. c. “Livestock products” include, among others, milk, butter, cheese, eggs, meat, fur, and honey. 5. “Agricultural Building” means any structure used for agriculture. 6. “Alcoholic Beverage Package Agency” means a liquor location operated under contractual agreement with the Department of Alcoholic Beverage Control, by a person other than the State, who is authorized by the Utah Alcoholic Beverage Control Commission to sell package liquor for consumption off the premises of the agency. 7. “Alcoholic Beverage State Liquor Store” means a facility for the sale of package liquor on premises owned or leased by the State of Utah and operated by State employees. This term does not apply to restaurants, private clubs, or package agencies 8. “Alley” means a means a right-of-way in a Community Plan, Village Plan, or Neighborhood Plan, that meets international fire code, and is intended to provide secondary service access to the rear or side of lots or buildings that have frontage on a public or private road, and are not intended for transporting through traffic. 9. “Ancillary Use” a. means a use that: i. is clearly incidental to and found in connection with a principal or main use; ii. is subordinate to and serves a principal or main use; iii. is subordinate or less than in extent, area, or purpose to the principal or main use; iv. is located on the same lot as the principal or main use; and v. contributes to the comfort, convenience, or necessity of occupants, business, or industry of the principal or main use; and b. Home Occupations are deemed an ancillary use. 10. “Animal Hospital (Large), Large Veterinary Office” means an establishment at which all types of farm animals (large, medium, or small) or household pets may be treated or boarded. 11. “Animal Hospital (Small), Small Veterinary Office” means an establishment at which small farm animals only or household pets are treated or boarded within a completely enclosed building, and large animals such as horses are not treated or boarded. 12. “Apiary” means a place in which a colony or colonies of bees are kept, such as a stand or shed for beehives or a bee house containing a number of beehives. 13. “Applicable Building Code” see “Building code” 14. “Applicable Fire Code” see “Fire code” 15. “Applicant” a. means the owner of land proposed to be developed, or the owner’s duly authorized agent if that agent has written authorization from the owner, who submits a complete application for consideration by the City; and b. includes an individual or entity who is under contract to purchase land proposed to be developed so long as the individual or entity closes on the project before any land use application is brought before the Land Use Authority for consideration at a public meeting or hearing. 16. “Arts and Crafts Sales” a. means an establishment that produces articles for sale of artistic quality or effect or handmade workmanship; and b. includes candle making, glass blowing, weaving, pottery making, woodworking, sculpting, painting, and their associated activities. 17. “Athletic Coaching” means in-person training focused solely on athletic development and team training programs, excluding Personal Training, Group Fitness classes, and nonsport related activities. For the purpose of this definition, a team shall be a group of athletes training together for a specific sport or competition. 18. “Automobile Rental and Leasing Agency” includes rental of passenger vehicles, light trucks, and vans, including incidental parking and servicing of vehicles for rent or lease. 19. “Automobile Repair, Major” means an establishment, not meeting the definition of Automobile Repair, Minor, primarily engaged in the major repair or maintenance of motor vehicles, trailers, and similar large mechanical equipment, including paint, body and fender, major engine and engine part overhaul, and tire repair and sales. 20. “Automobile Repair, Minor” means an establishment is primarily engaged in the minor repair or minor maintenance of motor vehicles, trailers, and similar mechanical equipment, including brake, muffler, tire repair and change, lubrication, oil changes, tuneups, safety inspections and emissions testing, and detailing, is conducted entirely within a completely enclosed building, and does not include paint work, body and fender work, or major engine and engine part overhaul. “Minor repair” or “minor maintenance” is defined as a routine service that requires no more than 8 total hours of service. 21. “Automobile Sales” means the premises on which new or used passenger automobiles, non-motorized trailers, or trucks in operating condition are displayed in the open for sale or trade. 22. “Back Yard” see “Yard, rear” 23. “Bakery, Retail” means an establishment primarily engaged in the retail sale of baked products for consumption off site. a. A bakery’s products may be prepared either on or off site. b. A bakery’s use may include incidental food service. c. A bakery shall be considered a general retail use. 24. “Bakery, Commercial” means a place for preparing, cooking, baking, and selling of products intended for off-premise distribution only. 25. “Bar” means an establishment that is licensed as a “Bar establishment” under Chapter 5.03. A full menu of food options shall be available for customers the entire time the bar is open, but there is no required percentage of food sales. No one under the age of 21 is allowed in a bar. 26. “Basement House” means a one-story dwelling of which fifty percent or more of the floor area is below the finished grade. 27. “Bed and Breakfast” means a transient lodging establishment, in which full-time, live=in caretaker resides and serves one (1) or more meals per day, and provides overnight accommodations for short-term guests for compensation. 28. “Big Box Retail” See “Retail, Big Box” 29. “Block” means a. the land surrounded by streets and other rights-of-way, other than alleys; or b. land which is designated or shown as a block on any recorded subdivision plat or official map or plat adopted by the City. 30. “Bond Agreement” means an agreement between the developer and the City, on forms approved by the City, wherever a performance bond or warranty bond is required by this Title to install improvements secured by an escrow agreement with funds on deposit in a reputable, federally-insured financial institution, a cash bond deposited with the City, or a letter of credit from a reputable, federally-insured financial institution in an amount as specified in this Title. 31. “Bond” a. “Bond” means a document that: i. complies with the standards contained in this Title and the Utah Code; and ii. binds the parties thereto to take certain action if particular conditions are not met. b. The terms “Performance Bond” and “Warranty Bond” are more specifically defined in this Section. 32. “Bookstore” means a retail establishment whose primary purpose is the sale of books and periodicals. 33. “Bounce House” means a springy inflatable structure for recreational jumping for a fee. 34. “Boundary Adjustment” means a “Boundary Adjustment” as defined in Utah Code § 1020-102. 35. “Buildable” a. means: i. that portion of a building lot not included within any required yard or open space upon which a main building may be located; ii. an area that must be defined on subdivision plats in areas of thirty percent slope or less; and b. does not include any area of an “A Zone” (100-year flood area) as defined in FEMA’s Flood Insurance Rate Map of the City of Saratoga Springs. 36. “Building” means a structure having a roof supported by columns or walls, intended or used for the shelter, housing, or enclosure of any person, animal, chattel, or property of any kind. 37. “Building, Accessory” see “Accessory Building” 38. “Building, Agriculture” see “Agriculture Building” 39. “Building Code” means the codes adopted by the City by ordinance and codified in 18.01.01. 40. “Building Façade” means any exterior wall of a building including windows, doors, gable, and parapets, but no including the roof. 41. “Building Inspector” means an individual appointed by the City of Saratoga Springs to enforce the provisions of the building code. 42. “Building Height” or “Structure Height” means: the vertical distance from the established grade surface at the building wall, as shown in the drawing below, to either: a. the highest point of the coping of a flat roof or to the deck line of a mansard roof directly above the point of measurement; or b. the mean height level between eaves and ridge for gable, hip, or gambrel roofs directly above the point of measurement. Figure 2. 1 43. “Building Lot” a. “Building lot” means a parcel of land: i. which is of such dimensions as to comply with the minimum requirements of this Title for area, width, and depth applicable to the zone in which it is located; and ii. having frontage on a public or approved private street which shall be extended the full required frontage of the lot and improvements installed as required by the City. b. No building lot shall utilize any part of the temporary end or dead end of a street for frontage. 44. “Building, Main” see “Main Building” 45. “Building Material Sales (with outdoor storage)”: a. “Building material sales (with outdoor storage)” means a facility where building materials such as lumber, plywood, drywall, paneling, cement blocks and other cement products, and other building products are stored and sold. b. Facilities covered under the definition in Subsection a. may also: i. process lumber by performing millwork, planning, cutting, and other customizing processes; and ii. provide for the sale of associated products including tools and fasteners. 46. “Building Material Sales (without outdoor storage)” means a facility where building materials such as lumber, plywood, drywall, paneling, cement blocks and other cement products, and other building products are sold. 47. “Building Official” or “City Building Official” means the City of Saratoga Springs Building Official. 48. “Building, Public” means a building owned and operated or owned and intended to be operated by a public agency of the United States of America, or the State of Utah or any of its subdivisions including counties and municipalities, in connection with a public use. 49. “Bus Lot” means any lot or land area used for the storage or layover of passenger buses or motor coaches. 50. “Car Wash (full service)” means a car wash with facilities for the washing or waxing of automobiles, light trucks, and vans, which may include drying equipment, vacuums, and other incidental uses. 51. “Car Wash (self-service)” means a business establishment where customers pay to use on-site cleaning equipment and manually clean their own vehicle. 52. “Cemetery” means the use or intended use of land for the burial of the dead and dedicated for cemetery purposes, including a columbarium, crematorium, mausoleum, and mortuary when operated in conjunction with and within the boundaries of such cemetery. 53. “Centerline, Roadway” means the horizontal center alignment of the currently accepted roadway construction drawings. 54. “Charter School” see “School, Charter” 55. “Child Care Center” means a non-residential building or structure where care, protection, and supervision are provided for children on a regular schedule for a fee. 56. “Church” means a building, together with its accessory buildings and uses, where persons regularly assemble for worship and that is maintained and controlled by a religious body organized to sustain public worship. 57. “City Engineer” see “Engineer, City” 58. “City Office Trailer” means a mobile trailer, portable, prefabricated, or manufactured structure for City use. 59. “City of Saratoga Springs Standard Technical Specifications and Drawings” means the City’s construction standards and specifications regarding the installation of public improvements as established or to be established by the City Engineer and includes the conditions, standards, and other related technical requirements necessary to development approval under this ordinance as stipulated by the authority of the City Engineer. 60. “Classification Request” means a “Classification Request” as defined in Utah Code § 1020-507. 61. “Collector Street (major and minor)” means a street which provides for movement between arterial and local streets and direct access to abutting property. 62. “Commercial” means an activity conducted with the intent of generating revenue from the sale or collection of goods and services. 63. “Commercial Center” means a development which contains at least twelve acres of commercial land and at least 100,000 square feet of commercial floor space. 64. “Commercial Recreation” means any commercial enterprise which receives a fee in return for the provision of some recreational activity including racquet clubs, health facilities, and amusement parks, but not including amusement centers. 65. “Commercial and Industrial Laundries” means an establishment: a. which launders or dry cleans articles on site; and b. where all articles are dropped off on the premises by multiple laundry services and not the individual customers. 66. “Commuter/Light Rail Station” means a place designated for commuter or light rail trains or cars to stop to allow for boarding of passengers including park-and-ride stations and transfer stations. 67. “Concept Plan” means a sketch or concept application created prior to the Preliminary Plat for subdivisions or prior to Site Plan for non-residential development to enable the City to verify that the developer is in general compliance with the City’s ordinances and development regulations and policies. 68. “Concrete Tilt-up Construction” A construction method wherein concrete building panels are poured and cast on-site or off-site and then tilted or raised in place. 69. “Conditional use” means a land use that, because of its unique characteristics or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. 70. “Condominium” means the ownership of a single unit in a multi-family structure or structure combined with an undivided interest in the common areas and facilities of the property and that meets all requirements of the Utah Condominium Ownership Act. 71. “Contractor Construction Services Establishments” means establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures. a. The definition provided in this Section specifically excludes automobile or equipment supplies otherwise classified in this Chapter. b. Typical uses under this definition include building material stores and home supply establishments. 72. “Contractor Services Office” means an enclosed space containing the permanent business office for a landscape, plumbing, painting, construction, or similar contractor, and used for the housing and operating of company machinery, the provision of services, the storage of materials and equipment, and the maintenance of company equipment, but that does not include outdoor storage other than the parking of company and passenger vehicles. Equipment such as backhoes and front loaders are considered as equipment, not vehicles. 73. “Convenience Store” means a building or use which is primarily engaged in the provision of frequently needed, day to day retail goods including gasoline, food, and non-food products. 74. “Convenience Store/Fast Food Combination” means a building that houses a Convenience Store and either a Fast Food (Restaurant, Casual or Restaurant, Deli) establishment or a Restaurant, Sit-Down. 75. “Conveyance Document” means a “Conveyance Document” as defined in Utah Code § 10-20-102. 76. “Conveyance of Property” means a “Conveyance of Property” as defined in Utah Code §10-20-102. 77. “Copy Center” means a retail establishment that provides duplicating services using photocopying, blueprint, and offset printing equipment and may include the collating and binding of booklets and reports. 78. “Corner Lot” means a building lot situated within a corner created by the intersecting lines of a street or streets. 79. “Crematory/Embalming Facility” means a building used for the cremation and/or embalming of deceased persons but not including facilities for burial, internment, body viewing, or funeral services. 80. “Dairy” a. means a farming operation for the production of milk in commercial quantities and which is required to be regularly inspected by the State Department of Agriculture or its cooperating agencies; and b. includes the raising of the natural increase to the dairy herd but does not include the feeding and fattening of livestock for slaughter in conjunction therewith. 81. “Depth” a. when measuring an inside lot, means the distance from the front lot line and rear lot line as measured from the center line; or b. when measuring a multi-frontage or corner lot, means the horizontal distance between opposite boundaries of the lot when measured along the lot’s centerline. 82. “Destination Oriented Development” means a building or group(s) of buildings with facilities to accommodate the needs of residents, visitors, or tourists with large portions of the site devoted to recreational opportunities. 83. “Detached” means freestanding with open space on all four sides. 84. “Developer” means a person or entity who engages in “development activity” as defined in Utah Code § 10-20-102 (2021). As amended. 85. “Development” or “Developments” means “development activity” as defined in Utah Code § 10-20-102 (2021). As amended. 86. “Development activity” shall have the same meaning as “development activity” in Utah Code § 10-20-102 (2021). As amended. 87. “Development Agreement” means a written contractual agreement between the City and the developer which sets forth the respective obligations of the City and the developer relative to a proposed project. 88. “Development Review Committee” (“DRC”) means an informal committee or group of City staff or City consultants whose responsibility is to review all development requests, process all development applications, and make recommendations with respect to development applications to the Planning Commission, City Council, Applicants, and Mayor. The DRC’s membership includes the City Manager, City Engineer, Planning Department, Public Works Director, City Fire Chief, City Building Official, City Attorney, and any other person or agent that the City Manager deems appropriate to function as a member of the Committee. 89. “Distribution Center” means a warehouse where goods are received and/or stored for delivery to the final customer at remote locations and may include interior administrative offices without a commercial office or retail component. 90. “District Area Plan” means a document, containing the information set forth in Section 19.26.13, that is required at the time property within a proposed Large-scale Planned Community District under Section 19.26.13 is assigned the designation of Planned Community Zone. 91. “Double Access” a. “Double access” means driveway access on public streets from the front and the rear. b. This definition does not apply to corner lots. 92. “Drive-thru” means a use that provides services through a window or machine without the driver leaving the vehicle. 93. “Drive-thru Health or Vaccination Clinic” means a temporary facility to administer a test related to a public health emergency or pandemic or to administer a vaccination or other treatment in response to the same. 94. “Driveway” means the portion of the accessway on private property outside of the public or private right-of-way. 95. “Driveway approach” means the portion of the accessway located within the public rightof-way. The driveway approach consists of the driveway apron, wings, and sidewalk section. 96. “Driveway apron” means the ramped portion of the driveway approach extending from the public roadway to the sidewalk section and lying between the driveway wings of the driveway approach. 97. “Driveway, Single” means a private roadway that is owned and maintained by one property owner and provides direct vehicular access between a public or private roadway and a parking space, garage, dwelling, or other structure on a single lot or parcel. 98. “Driveway, Shared” means an accessway that is privately owned and maintained and provides access from a public or private road to more than one dwelling. 99. “Driveway wings” means those portions of the driveway approach which provide a transition from the sidewalk, curb, and existing ground grades to the driveway apron grade. 100. “Dry Cleaner” means an establishment: a. which launders or dry cleans articles dropped off on the premises directly by the customer; or b. where articles are dropped off, sorted, and picked up, but where laundering or cleaning is done elsewhere. 101. “Dwelling” means a structure designed for and occupied by one family, including provisions for living, sleeping, eating, cooking, and sanitation. This definition does not include bed and breakfasts, hotels, apartment hotels, boardinghouses, rooming houses, and tourist courts. 102. “Dwelling, Above Commercial” means a building which contains dwellings located above the ground floor of a commercial, office, or retail use. 103. “Dwelling, Internal Accessory Unit” or “INTERNAL ACCESSORY DWELLING UNIT” (IADU) means a residential unit that is located on the same lot as a detached single-family dwelling unit and is internal or attached to a detached single-family dwelling. 104. “Dwelling, Live/Work” means a dwelling unit designed to be used jointly for commercial and residential purposes, not including Home Occupations. 105. “Dwelling, Mobile Home” means a detached dwelling designed for long-term occupancy and transportation on its own wheels, flatbed, or trailer, and arriving at the site where it is to be occupied as a complete dwelling ready for occupancy except for connections to utilities and other minor work, which are prohibited anywhere in the City unless specifically listed as a permitted use in the table in Chapter 19.04. a. Removal of a mobile home’s wheels or placing a mobile home on a foundation shall not remove such dwelling from classification as a mobile home. b. Excluded from this definition shall be those permanent dwelling structures that are constructed of component parts that are transported to the building site, assembled on the building site, and meet the applicable building code, plumbing code, mechanical code, and electrical code. 106. “Dwelling, Multi-family” means a building or buildings sharing common walls or common interior floors and containing four or more dwellings. 107. “Dwelling, Single-family” means a residential dwelling: a. not attached to any other dwelling; b. on a single lot that is arranged for, designed for, and occupied by not more than one family (as defined herein); and c. containing at least one bathroom, at least one kitchen, and living and sleeping facilities. 108. “Dwelling, Three-family” means a single residential building under a continuous roof, the structure containing only three dwellings sharing common interior walls or common interior floors. 109. “Dwelling, Townhouse or Townhome” means a dwelling unit in a row of three or more units where each unit has its own front and rear exterior access, no unit is located above or below another unit, and each unit is separated from any other unit by one or more vertical common fire resistant walls. 110. “Dwelling, Two-family” means a single residential building under a continuous roof, the structure containing only two dwellings sharing common interior walls or common interior floors. 111. “Easement” means that portion of a property reserved for present or future use under, on, or above the property by a person or agency other than the legal fee owner or owners of the property. 112. “Edge Use” means a use allowed on the outside boundary of a specific land use zone that also has frontage on the collector or arterial roadway, which use is allowed up to a maximum of 300 feet into the land use zone from the outside boundary. 113. “Educational Center” means an institution for the teaching of children or adults, including colleges, professional schools, dance schools, business schools, trade schools, and art schools. 114. “Electronic Media Rental and Sales” means a retail establishment whose primary function is the sale or rental of videos, CDs, or DVDs. 115. “Electronic Sales and Repair” means a retail establishment that deals in the sale and repair of electronics. 116. “Enclosed Parking” a. “Enclosed parking” means a fully-enclosed attached or detached residential accessory building designed or used for the storage of private passenger automobiles owned and used by the occupants of the building to which it is accessory. b. A private garage designed and constructed as an architectural and integral part of the main building shall be subject to all the requirements of this Title applicable to main buildings. 117. “Engineer, City” means the appointed official or designee who is responsible for the Engineering functions of the City as described in this Chapter and other ordinances and policies of the City. 118. “Equestrian Center” a. means an establishment engaged in the boarding, feeding, or general care of horses or other large animals for personal or commercial purposes; and b. includes uses such as agriculturally oriented gatherings, assemblies and shows, and the sale of feed, tack, and other agricultural products. 119. “Equipment Sales and Service (with indoor storage)” means an establishment located no closer than 300 feet (as measured from the property lines) to any residential zone that is primarily engaged in the sale or rental of tools, lawn and garden equipment, including incidental maintenance, that has no outdoor storage. 120. “Equipment Sales and Service (with outdoor storage)” means an establishment located no closer than 300 feet (as measured from the property lines) to any residential zone that is primarily engaged in the sale or rental of tools, lawn and garden equipment, including outdoor storage and incidental maintenance. 121. “Equivalent Residential Unit (ERU)” a. means a unit of measurement used to measure and evaluate development impacts on public infrastructure such as water, sewer, storm drainage, parks, roads, and public safety of proposed residential and non-residential land uses; and b. is intended to represent the equivalent impact on public infrastructure of one single family residence. 122. “Established Grade” means the measured grade of a piece of land at time of subdivision or site plan approval, shown on the final subdivision or site plan, and from which height of future structures will be measured. 123. “Event Permit” means an “event Permit” as defined in Utah Code §11-56-102. 124. “Exhibition Center” means an establishment for uses such as conference centers, museums, botanical gardens, nature exhibitions, and art galleries. 125. “Family” means: one or more persons occupying a single dwelling unit, as a single housekeeping unit. 126. “Farm Animals” mean animals kept or raised primarily for, or incidental to, livestock or agricultural operations, which are grouped into the following categories: a. Large Farm Animals: Large farm animals include the following: i. cow; ii. horse (mule-ass, pony, or similar species not listed); iii. ostrich (or other similar sized or closely related species); iv. llama or other similar species not listed; and v. other animals of similar size. b. Medium Farm Animals: Medium farm animals include the following: i. sheep; ii. emu; iii. goat; iv. turkey; v. geese; vi. peacock; and vii. other animals of similar size c. Small Farm Animals: Small farm animals include the following: i. chicken; ii. rabbit; iii. ducks; iv. pheasants; and v. other animals of similar size (excluding mink) 127. “Farmers Market” means a group of entities engaged in the temporary seasonal selling of homemade goods, homegrown vegetables, and other similar items in an open air market. 128. “Fee Schedule” means the list or appendix of fees, also known as the Consolidated Fee Schedule for the City of Saratoga Springs, adopted periodically by the governing body which sets forth various fees charged by the City. 129. “FEMA” is an acronym for the Federal Emergency Management Agency. 130. “Fence” means an artificially constructed barrier to identify a property boundary or enclose a space. a. Fence, barbed wire: means a fence with one or more strands of wire or other material having intermittent or continuous sharp points that may puncture, tear, cut, or snag. This does not include razor wire. b. Fence, wire: means an open mesh fence made of woven wire, or any other fence where the majority of construction consists of wire, including chain link, no climb, and other agricultural style wire fences but not including razor wire. c. Fence, private / privacy: means a fence constructed to prevent views through the fence. d. Fence, semi-private: means a fence with a regular pattern that permits views through a minimum of 30 percent of the fence when viewed perpendicular to the plane of the fence. 131. “Festival (including Bazaars or Fairs)” means a not for profit activity or event that may only include shows, games, non-mechanical rides, concessions, or any combination thereof. 132. “Final Plat” means a map of a subdivision which is prepared for final approval and recordation, which has been accurately surveyed so that streets, alleys, blocks, lots, and other divisions thereof can be identified and meeting any other requirements of this Ordinance or State or County Statutes. 133. “Financial Institution” a. means an establishment whose principal purpose is the handling of monetary affairs for members, clients, or the public at large; b. includes banks, credit unions, savings and loans, mortgage offices, investment companies, trust companies, and similar entities; and c. does not include Non-Depository Institutions. 134. “Finished Surface Grade” means the elevation of the finished ground surface adjacent to and measured along all exterior walls. 135. “Fire Code” means the International Fire Code adopted by the City by ordinance and codified in Title 18. 136. “Fitness Center” means a facility where members or nonmembers use equipment or space for the purpose of physical exercise, and the majority of the physical exercise is typically performed by members or nonmembers on their own and not in classes or group trainings, even though Athletic Coaching, Personal Training, or Group Fitness may be available. 137. “Flag Lot” means an L-shaped lot comprised of a staff portion contiguous with the flag portion thereof, the minimum width of the staff being thirty feet and the maximum length determined by the City of Saratoga Springs. 138. “Flood Plain” means a land area subject to being inundated by water from any source and is generally defined as a “zone A” (100 year flood area) area as defined in FEMA’s Flood Insurance Rate Maps of the City of Saratoga Springs. 139. “Floor Area” means the sum of the gross horizontal area of the several floors of the building or buildings, measured from the exterior faces of the exterior walls. 140. “Floral Sales” means a retail business whose principal activity is the selling of plants and flowers which are not grown on the site and where business is conducted within an enclosed building. 141. “Food Truck” means a “Food Truck” as defined in Utah Code §11-56-102. 142. “Footprint Development” means a development where ownership of a lot extends only to the interior of the exterior building walls, according to the recorded plat and consistent with State requirements, and where yards, open space, and other areas outside of the exterior building walls are owned in common. 143. “Front Yard” see “Yard, Front” 144. “Frontage” means the distance between the two side lot lines of a parcel measured along the street, or streets of a corner lot, which the parcel is allowed to access. a. State or federal highways, to which no access is allowed, shall not be considered as frontage. b. For purposes of this Title neither temporary turn-arounds nor dead ends of roadways shall be used as frontage. c. On cul-de-sacs, frontage may be measured at the front building setback lines. 145. “Full Boundary Adjustment” means a “Full Boundary Adjustment” as defined in Utah Code § 10-20-102. 146. “Funeral Home” a. means a building used for the preparation and embalming of deceased persons for viewing, burial, and cremation of deceased persons and the conducting of rituals connected therewith before burial or cremation; and b. may include a chapel for the conducting of funeral services, areas for funeral services and gatherings, and areas for the display of funeral equipment. 147. “Garage”: a. “Garage” means an attached or detached residential building designed or used for the storage of private passenger automobiles that is ancillary to the use of the residence. b. A garage shall be designed and constructed as an architectural and integral part of the main building and shall be subject to all the requirements of this Title applicable to main building. 148. “Gas Station” See “Refueling Station.” 149. “Gateway Corridor” means a zoning designation that may be applied to certain properties in or near community entrances which stipulate development standards, restrictions, and requirements in addition to those within the underlying zoning; including site design techniques which incorporate best practices in planning for circulation, aesthetics, environmental sustainability, and safety. 150. “Golf Course” means a parcel of land laid out for at least three holes for playing the game of golf and improved with trees, greens, fairways, and possible hazards, and which may also include a clubhouse, shelter, or other associated buildings that are incidental to the parcel of land dedicated to the game of golf. 151. “Grading Permit” means a permit issued by the City to remove or excavate large portions of a parcel or parcels in preparation for development activity or construction of infrastructure or buildings (see Chapter 18 and Sections 19.10 and 19.13 of this Title). 152. “Grocery Store” means a store: a. where most of the floor area is devoted to the sale of food products for home preparation and consumption; b. that typically also offers other home care and personal care products; and c. that is substantially larger and carries a broader range of merchandise than convenience stores. 153. “Group Fitness” means exercise; a. Conducted in a group setting of three or more clients, led by a qualified instructor or fitness professional; and b. Involves a variety of structured formats designed to promote physical fitness including dance-based workouts, aerobics, boot camps, kickboxing, cycling, Pilates, and yoga. 154. “Hair Salon” means a retail business: a. whose principal activity is the cutting, coloring, and styling of hair; and b. that may provide ancillary services such as nail painting, permanent makeup, microblading, and wax treatments. 155. “Hardware and Home Improvement Retail”: a. means an establishment providing the sale or rental of building supplies, construction equipment, or home fixtures and accessories; and b. includes a lumber yard or a contractors’ building supply business and may include outdoor storage or tool and equipment sales or rental. 156. “Height” see “Building Height.” 157. “Home Occupation” means a nonresidential activity, conducted entirely within a dwelling, which is clearly incidental and secondary to the use of the dwelling for residential purposes (see Section 19.08). 158. “Hospital” means an institution licensed by the State of Utah which provides diagnostic, therapeutic, and rehabilitative services to individuals on both an inpatient and outpatient basis by or under the supervision of one or more physicians and/or properly licensed practitioners. a. Any medical clinic or professional office which offers inpatient or overnight care, or operates on a twenty-four hour basis, shall be considered a hospital. b. A hospital may include integral support service facilities such as laboratories, outpatient units, training facilities and offices necessary to the operation of the hospital. c. This definition includes both general acute and specialty hospitals and must be licensed by the Utah Department of Health pursuant to the Health Care Facility Licensing and Inspection Act. 159. “Hotel” means a building containing guest rooms with only interior access in which lodging is provided for compensation. 160. “Jordan River Meander Corridor” means the area of land surrounding the river that provides for the meandering, floodplain, and riparian functions necessary to restore and maintain the naturally stable or least erosive form of the river thereby minimizing erosion hazards over time. 161. “Ice Cream Parlor” means an establishment whose primary business is the sale of ice cream and other types of food or beverages for customer consumption that are not considered a complete meal, such as candy, soda, or coffee. 162. “Ice Cream Vendor or Snow Shack” means a seasonal business that serves ready-to-eat single-servings of ice cream, snow cones, and similar frozen treats from a self-contained unit in a temporary structure affixed to the ground for the duration of the sales period. 163. “Impound Yard” means a facility that is used for the storage of wrecked motor vehicles, and vehicles impounded by law enforcement, kept for a period of time not exceeding fourteen days. This definition does not allow for the sale of parts. 164. “Institutional Use” means a public, nonprofit, or quasi-public use providing service to the public, such as a public or private school, civic building, library, hospital, or government owned or government-operated structure. 165. “Interior Lot” means any building lot other than a corner lot. 166. “Kennel” means a lot or premises on which four or more dogs, five or more cats, or any combination of five or more cats and dogs, at least four months old, are kept. 167. “Kennel, Breeding” means a kennel lawfully located on a premises one acre or more in size zoned for such use and where no more than ten dogs, registered with a nationally recognized registration organization, over the age of six months are owned, kept, or harbored for the purpose of breeding purebred or pedigreed dogs; provided, however, this definition shall not apply to zoos or to animal hospitals operated by veterinarians duly licensed under the law. 168. “Kennel, Commercial” means a kennel where four or more small, medium, or large farm animals or household pet animals at least three months of age and owned by another person are temporarily boarded, treated, groomed, or trained for pay, trade, barter, commission, or remuneration of any sort; provided, however, this definition shall not apply to zoos or to animal hospitals operated by veterinarians duly licensed under the law. 169. “Kennel, Private” means the keeping, breeding, raising, showing, or training of four or more dogs over four months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective. 170. “Landscaping” means the installation of any combination of the following items to produce an aesthetic effect or to enhance and preserve natural features of the site: a. plant materials, such as lawn, annual and perennial flowering plants, native vegetation, vines, shrubs, and trees but not including weeds or noxious plants; b. ground cover, such as mulch, bark, and decorative rock; c. ponds, fountains, falls, and streams; and d. statues, outdoor artwork, benches and tables, earth berms, pots and planters. 171. “Land Use Authority” means the person, board, entity, commission, agency, or other body designated herein as the final approving authority of a land use application. The Land Use Authority, depending on the chapter or section of this title, may include the City Council, Planning Commission, Planning Director, City Manager, City Staff, or City Body. 172. “Land Use Element of the General Plan” means the comprehensive, long range strategic plan for the future of the City and includes elements such as future land uses, transportation, housing, storm drainage, culinary water, secondary water, economic development, capital facilities plan, and intergovernmental coordination, adopted as the Land Use Element of the General Plan by the City Council. 173. “Land use ordinance” means all regulations adopted by the City of Saratoga Springs relating to the development and use of real property within the City. 174. “Laundromat” means a facility where patrons, or individuals employed by the Laundromat, wash with soap and water in coin-operated machines (or other means of payment), and/or dry with coin-operated machines (or other means of payment) clothing or other fabrics. A Laundromat does not include dry cleaning or dry cleaners. 175. “Library” means a public facility containing printed information, electronic information, and/or pictorial material for the public use and purpose of study, reference, and recreation. 176. “Light Industrial/Manufacturing” means the manufacture, predominantly from previously prepared materials, of finished products or parts, including assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing and custom manufacturing. 177. “Livestock” means domestic animals, such as meat and dairy cattle, horses, pigs and poultry, raised for home use or for profit, especially on a farm. 178. “Livestock Auction Yard” means a farm animal exchange company and includes livestock pens, auction facilities and structures, and public and transport parking for the sale of domestic livestock only. 179. “Loading Bay” means any part of a building where access is provided via a roll up door, overhead door, sectional door, or garage door. Primarily used to load and unload vehicles; however, may also be used for other purposes. 180. “Local Street” means a street which provides for direct access to abutting land and for local traffic movement. 181. “Logistics Center” means a facility dedicated to managing how resources are acquired, stored, and transported to their final destination. A logistics center may be a warehouse, freight forwarder, or a repair depot. 182. “Long Term Rental” (See “Rental, Long Term”) 183. “Lot, Building” see “Building Lot” 184. “Lot, Corner” see “Corner lot” 185. “Lot Coverage” means the portion of a lot that is occupied by aboveground buildings or structures. 186. “Lot Depth, Inside Lots”: see “Depth” 187. “Lot Depth, Multi-frontage and Corner Lots”: see “Depth” 188. “Lot, Double Frontage”: see “Double frontage” 189. “Lot, Flag” see “Flag Lot” 190. “Lot, Interior” see “Interior Lot” 191. “Lot Layout” means a plat of a lot, drawn to scale, showing: a. its actual measurements, the size and location of any existing buildings, and buildings to be erected; b. the location of the lot and abutting streets; and c. any further requirements as described in this Code. 192. “Lot Line” means a boundary line of a parcel of land. The definitions of specific types of lot lines are as follows: a. “Front lot line” means any street right-of-way line of record or established by use, which forms one or more boundaries of a lot. b. “Front lot line for a flag lot” means the lot line nearest to a dedicated public street and at the end of the staff. c. “Rear lot line for a corner lot” means that interior lot line which has been designated as the rear lot line as determined by the direction the house faces. d. “Rear lot line for an interior lot” means the interior line lying opposite of the front lot line. e. “Side lot line for a corner lot” means: i. any interior lot lines for multi-frontage lot; or, ii. for other corner lots, that interior lot line which has been designated as the side lot line by the lot owner, unless designated on the plat. f. “Side lot lines for interior lot” means: i. those interior lines lying opposite each other, running between the front and rear lot lines; or ii. in the case of a multi-frontage lot, those interior lines which run between the two front lot lines. 193. “Lot Line, Front” see “Lot line” 194. “Lot Line, Front for Flag Lot” see “Lot line” 195. “Lot Line, Rear for Corner Lot” see “Lot line” 196. “Lot line, Rear for Interior Lots” see “Lot line” 197. “Lot line, Side for Corner Lot” see “Lot line” 198. “Lot line, Side for Interior Lot” see “Lot line” 199. “Lot Width” a. in the case of a corner lot, means the width of the lot as measured along both street frontages at the required setback; and b. in the case of an interior lot, means the horizontal distance between the side lot lines measured along a line lying at right angles to the centerline of the lot at the point of the required setback. 200. “Lot Width for Corner Lot” see “Lot width” 201. “Lot Width for Interior Lot” see “Lot width” 202. “Main Building” a. means 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 the lot; and b. includes all of the appendages constructed as an architectural and integral part thereof. 203. “Major Collector” see “Collector street (major and minor)” 204. “Major Grading Permit” see “Grading permit, major” 205. “Manufactured Home” means a home or other building of new construction: a. without attached axles or wheels; b. which has been assembled fully, or in part, upon another site, or in a factory; c. moved to the site upon which it is to be permanently assembled; and d. which is placed upon a permanent foundation in compliance with the provisions of the City’s adopted building code. 206. “Manufacturing” a. means the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials such as lubricating oils, plastics, resins, and liquors. b. This word is used interchangeably with Industrial. 207. “Marina” means a public or private dock or basin providing secure moorings for boats and often offering supply, repair, and other facilities. 208. “Mining” means all or any part of the process involved in the mining of minerals by removing overburden and mining directly from the mineral deposits, open pit mining or minerals naturally exposed, mining by auger method, dredging and quarrying, underground mining, and surface work incidental to an underground mine. 209. “Minor Subdivision” means the subdivision of a parcel into a maximum of four parcels and where the construction of public improvements to service the created parcels is not required. 210. “Mixed Use” a tract of land or building or structure developed for two or more different uses such as, but not limited to residential, office, retail, and other possible compatible uses approved by the Land Use Authority. 211. “Mixed-Use Development” means a building or group of buildings designed to encourage a diversity of compatible land uses, which include a mixture of two or more of the following uses: residential, office, retail, and other possible miscellaneous compatible uses that are approved by the Land Use Authority. 212. “Model Home” means a dwelling temporarily used as a sales office for a residential development under construction, and not for general real estate business. 213. “Motel” means a building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room with exterior access, which includes automobile courts, tourist courts with more than one building, and motor lodges. Motels are prohibited in the City. 214. “Motor Assisted Scooter or Dockless Mobility Device” means an electric bicycle or electric motor-assisted scooter made available to the public for hire that may or may not be returned to a docking station. 215. “Multi-Family Dwelling” See “Dwelling, Multi-family” 216. “Municipal Building/Facility” means buildings, facilities, and appurtenances owned or operated by the City of Saratoga Springs, Utah. 217. “Neighborhood Grocery Store” means a store that is 25,000 square feet or less: a. where most of the floor area is devoted to the sale of food products for home preparation and consumption; b. that typically also offers other home care and personal care products; and c. that is substantially larger and carries a broader range of merchandise than convenience stores. 218. “New of Unlisted Business Use” means a “New or Unlisted Business Use” as defined in Utah Code § 10-9a-507.5. 219. “Nonconforming Building Lot” means a parcel of land of record that was lawfully subdivided and in compliance with all laws at the time of division and no longer meets the minimum requirements for a building lot in the zone where it is located because of a subsequent amendment to the applicable land use ordinance. 220. “Nonconforming”, when used in the context of a building or structure, means a building or structure meeting the definition contained in Utah Code § 10-20-102 for a Noncomplying Structure. 221. “Nonconforming use” means a use meeting the definition contained in Utah Code § 1020-102 for a Nonconforming Use. 222. “Non-Depository Institution” means a financial business, other than a depository institution such as a bank, credit union, mortgage lender, or savings and loan association, that is registered by the State of Utah pursuant to the Check Cashing Registration Act or the Title Lending Registration Act, which includes the following defined businesses: a. “Check Cashing Business”: i. means a person or business that for compensation engages in cashing a check for consideration or extending a deferred deposit loan; and ii. does not include Depository Institutions, as defined by the State of Utah, or retail sellers engaged primarily in the business of selling goods or services to retail buyers that cash checks or issue money orders for a minimum flat fee not exceeding 1 percent of the check or $1 as a service fee that is incidental to its main purpose or business. b. “Payday Loan Business” means an establishment providing loans to individuals in exchange for personal checks or assignment of wages as collateral. c. “Title Loan Business” means an establishment providing short term loans to individuals in exchange for the title of a motor vehicle, motor home, or motorboat as collateral. d. “Deferred Deposit Lender” means a business that conducts transactions where a person presents to a check casher a check written on that person’s account or provides written or electronic authorization to a check casher to effect a debit from that person’s account using an electronic payment and the check casher provides the maker an amount of money that is equal to the face value of the check or the amount of the debit less any fee or interest charged for the transaction and agrees not to cash the check or process the debit until a specified date. This definition includes any other business that offers deferred deposit loans, title loans, check cashing services, or loans for payment of a percentage fee exceeding 1 percent of the check or $1 as a service fee that is incidental to its main purpose or business. 223. “Non-Stealth Design” means any mono-pole or free-standing structure not designed in a manner that blends in with nearby structures and natural environment, and does not hide antennas and attachable equipment from plain sight. 224. “Off-street parking” means the space within a building, lot, or parking lot, but not within any portion of any public street right-of-way, for the temporary parking of one vehicle. 225. “Office” means a room, suite of rooms, or building used for conducting the affairs of a business, profession, service industry, or government. 226. “Office, High-Intensity” means an office in which business uses are conducted which typically require more than 6 employees per 1000 sq. ft., and in which no goods or merchandise are stored, displayed, or sold. An example would include call-centers. 227. “Office, Medical and Health Care” a. means: i. offices or clinics which provide services for the treatment and care of illness or injury, including only medical, dental, and chiropractic offices; or ii. offices devoted to the healing arts so long as licensed and accredited, including massage therapists and licensed physical therapists; and b. may include a pharmacy or drugstore intended to serve patients of medical or dental professionals. 228. “Office, Professional” means a place intended for the conduct of administration or services by a business enterprise and in which no goods or merchandise are stored, displayed or sold. 229. “Open Space” a. means an open, landscaped, and improved area that: i. is unoccupied and unobstructed by residential or commercial buildings, setbacks between buildings, parking areas, and other hard surfaces that have no recreational value; ii. provides park or landscaped areas that meet the minimum recreational needs of the residents of the subdivision; b. includes parks, recreational areas, gateways, trails, buffer areas, berms, view corridors, entry features, or other amenities that facilitate the creation of more attractive neighborhoods; c. may include hard surfaced features such as swimming pools, plazas with recreational value, sports courts, fountains, and other similar features with recreational value, as well as sensitive lands with recreational value, subject to the limitations stated in the definition of sensitive lands, within a development that have been designated as such at the discretion of the Land Use Authority; and d. may not include surplus open space located on another lot unless such surplus open space was previously approved as part of an overall site plan, development agreement, or plat approval. 230. “Ordinary High Water Mark” shall have the same definition found in 33 C.F.R. 328.3(6), which may be amended from time-to-time and as of October 2, 2018, is: “That line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding area.” 231. “Outdoor Seasonal Sales” means a type of temporary use that includes outdoor retail operations such as Christmas tree lots, pumpkin patches, fireworks stands, or other similar seasonal retail uses but not including Mobile Food Vendors, Ice Cream Vendors, or Snow Shacks. 232. “Outdoor Seating” means an outdoor area, typically directly adjacent to, or otherwise under the legal and operational control of, a restaurant. This area can include patios, decks, gardens, or any space designated for customers to dine or congregate. It may have a roof or partial walls but must not be fully enclosed; any area that is fully enclosed shall be considered a structural addition to the building and not classified as outdoor seating. 233. “Outdoor Vending Machines” a. means any self-contained or connected appliance, machine, or storage container located outside or in a non-enclosed space that dispenses or provides storage of a product or service; and b. does not include newspaper racks, phones, and automatic teller machines. 234. “Parcel of Land” means a contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same owner. 235. “Park, Regional” means a park that is 20 acres or larger and provides recreational amenities and/or facilities for the public. 236. “Park Strip” means the strip of land located within the public right of way between the edge of a lot or parcel and the curb and gutter, or the edge of the sidewalk and the curb and gutter, whichever measurement is farther from the curb. 237. “Parking Lot” means an open area, other than a street, used for the temporary parking of more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers. 238. “Parking, Off-street”: See “Off-street parking” 239. “Parks, Playgrounds, or Community Recreation” means any of the following recreational land uses, which are easily accessible to residents depending on the local needs: a. areas of natural quality set aside for outdoor recreation such as viewing, sitting, and picnicking; b. arenas; c. athletic fields; d. community centers; e. golf courses; f. parks; g. playgrounds; h. recreation center buildings; i. sports facilities; j. swimming pools; k. tennis courts; l. walking and jogging tracks; and m. any similar public use areas or buildings that provide recreational opportunities. 240. “Pawn Shop” means an establishment primarily engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker, and the sale of such property. 241. “Pending Ordinance” means a City Code, Zoning Map, or General Plan amendment that has: (a) been reviewed by the Planning Commission in an open and public meeting and received a positive recommendation to the City Council; or (b) been first reviewed by the City Council and has been included or attached to a resolution indicating the Council’s intent to initiate proceedings to amend. A pending ordinance is binding any land use application or building permit application filed with the City prior to final approval of the pending ordinance by the City Council. If the City’s actions meet this definition, the City’s actions shall satisfy the requirements of Utah Code § 10-20-902 as initiating a formal proceeding to amend this Title.